A Juridical Analysis on the Authority of the Indonesian National Land Office of Medan City in Terms of Implementation of Land Registration in Assuring the Legal Certainty

Abstract

Land appears to have a significant role in the development dynamics, accordingly, the Article 33 clause (3) of 1945 Constitution of Indonesia says that “The land, the waters and the natural resources in it shall be under the power of the State and shall be used to the greatest benefit of the people”. The Provisions on the land matters can also be found in the Law of the Republic of Indonesia Number 5 of 1960 on the Fundamental Regulations on the Agrarian Affairs (UUPA). On the other hands, there are several constraints occuring at Indonesian National Land (BPN) Office in term of the Land Administration, such as: Factor of Limited Human Resources and Equipment, Factor of Poor Community Legal Awareness, Factor of Inability to Present the Adjacent Neighbours and Land Boundaries, Factor of the use of illegal negotiator, Factor of Ignorance of Many People for the existence of PRONA (Agrarian National Operations Project), Factor of Distant Location for Land Administration. These kind of constraints in Land Registration can be solved by the way of socialization, either at the sub-district, district level or direct socialization to the community, and emphasizing the importance of Land Certificate Registration, in order to raise the community awareness and provide more clear explanation on the administration system as specified in the Government Regulation Number 128 of 2015, and ultimately, the community will no longer use the illegal negotiator and feel harmed

Keywords: Land, Authority, Legal Certainty, Legal Registration