RECONSTRUCTION OF REGULATION OF LAND REGISTRATION (Sale and Purchase of Ownership of Legal Land According to Customary Law Can be Registered at Land Office)

Abstract

This research is due to the existence of legal issues of sale and purchase of ownership of their legal land according to customary law that is done clearly and in cash in the front of chief of the tribal council or village chief can not be registered at the Land Office because it is blocked by the provision of Article 37 paragraph (1) and Article 45 paragraph (1) of Government Regulation Number 24 of 1997 on the Land Registration. However, legal vision of Basic Agrarian Law (BAL) is to realize the unification of the agrarian law by establishing customary law as the basis of the national agrarian law, which means including sale and purchase of ownership of land. According to Article 37 paragraph (1) of Government Regulation 24 of 1997, transfer of rights can be registered if it is proven by deed made by PPAT. In Article 45 paragraph (1) Head of Land Office refuses registration of sale and purchase of ownership of land if it is not proven by a deed of PPAT. That provision makes people who do sale and purchase of ownership of legal land according to customary law, in order to be able to be registered it must repeat with deed of PPAT in accordance with Article 23 BAL paragraph (2).

Regulation Number 24 of 1997 does not regulate the provision of registration of sale and purchase of ownership of legal land according to customary law. Any decisions of supreme courts are not at one, some argue that registration is administrative action, some argue that it should be registered. This is due to the reduction of meaning of customary law in Article 5 of BAL, the government's act that is hesitate about recent customary law and the existence of insynchronous Articles which are Article 37 and Article 45 of Government Regulation of 24 of 1997 with BAL. To achieve fairness, certainty and legal protection, it needs reconstruction of Article 37 and Article 45 of Government Regulation Number 24 Year 1997 so that the sale and purchase of ownership of legal land according to customary law can be registered at the land office in order to meet a simple agrarian law and ensure legal certainty.

Keywords: sale and purchase of ownership of legal land, customary law, land registration.