Legal Political Model of Land Title Protection to Realize People's Welfare

Abstract

As a gift of God Almighty, land is a vital element for the survival and livelihood of the Indonesian nation of all time whose aim is to achieve the greatest prosperity/welfare of the people, as contained in the legislation, land registration according to the provisions of PP (Government Regulation) Number 24 of 1997 adopts a negative publicity (negative system) that contains positive elements. In essence, the presence of Agrarian Law (UUPA) is intended to realize peoples’ welfare as contained in the welfare state legal concept that becomes national ambitions and goals, as mandated in the 1945 Constitution. This negative publicity system contains a weakness in the fulfillment of legal purpose, i.e. the rule of law itself. Legal certainty obtained is still relative.

The Dissertation aims to know and analyze: (1) why a legal politic of land has not been able to provide a certainty and protection of land title to the public at large; (2) how to develop a legal political model of land title protection through an ideal registration system in order to realize people welfare. This research used non-doctrinal and doctrinal method. While, the data resources of research used primary and secondary data. This article is intended to determine the validity of the legal politics of land in legal protection aspect of land title for the wider community through the registration system according to the legislation in force. From juridical side, the main purpose of land registration is to create legal certainty and ensure the protection of the law. Broadly speaking, this study aims to: first, to determine the factors causing the occurrence of legal uncertainty in the system of land title registration that implies on the land title certificate is not secured. Factors that cause to have not held a registration system in the context of a certainty and protection of land title to the public among other, include: a legal politic in land is unclear, a weak legal certainty, a weak bureaucracy in implementing land registration and the culture factor that has not put forward morale integrity. The politics of national agrarian law should refer to the wider public interest based on the principles of welfare and justice, as prescribed by the 1945 Constitution.

For this purpose, a legal development must be undertaken that essentially leading to a renewal of the provisions of the existing law and considered obsolete, and the creation of the provisions of the new law needed to meet the demand of development that occurs in the society, as a consequence, changes lead to positive publicity system represents a major step-forward (futuristic) for Indonesia, by establishing a legal political model in protecting land title through an ideal registration system with reference to a positive publicity system, in which a law of land forms an embodiment of law enforcement and legal certainty in the land sector.  It needs to improve UUPA that better puts forward public needs and in a harmony with other Sectoral Law, public empowerment in the registration process of land title certification. Institutional support of BPN (National Land Agency) with excellent services and other related government apparatus in order to grow and develop in the framework of a legal protection and certainty on the land title. BPN entities are only assigned to determine the present of administrative defect when a land registration were under certification process. Annulment remains to become the authority of a juridical body and in this context the existence of a special Court is required to address the disputes in land title.

Keywords: Legal Politics, Rights Protection, People's Welfare.