Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The comparison of positive and negative publication system on land registration in Indonesia

Author(s): Farida Patittingi, Syahrul Yasin Limpo, Kahar Lahae, Andi Batari Anindhita, Chalis Al Rossi, Marwati Riza

This research focused on the comparison of 2 (two) existing system on land registration, which are positive and negative registration systems. The principles of land registration systems are simple, safe, affordable, up-to-date and open. The purposes of land registration are to provide legal certainty and rights certainty for holders of land rights (rechtskadester/legal cadaster), then land registration is held, and whereas in Indonesia itself is based on orders from Law Number 5 Year 1960 regarding Basic Regulations on Agrarian Principles (UUPA) and further regulated by Government Regulation. The first Government Regulation governing Land Registration is Government Regulation Number 10 Year 1961 then replaced by Government Regulation Number 24 Year 1997. For land registration in Indonesia has been regulated and includes several sections of Article in UUPA. Therefore, conducting comparative study would show the advantages and disadvantages of these systems, especially in order to obtain a legal certainty.

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