Formalizing Land Rights: Liability of the Indonesian Land Agency for the Loss of Vital Archives

Abstract

The research aims to determine the role of vital archives for registration of land rights in realizing legal certainty for freehold over land and the form of liability of the National Land Agency for loss of vital archives. The research was a socio-legal research using a descriptive method. To analyze the data, the researcher processes and analyzes qualitatively. The results show that the vital archive for land registration has a very important role in the legal certainty of land rights. It is a data record of land registration that connects the land owner with his/her land. In addition, vital archive is an evidence of the truth of the procedure for the issuance of land certificates as well as an evidence of the correctness of land ownership by right holders. The form of liabilities of the National Land Agency for the loss of vital archive for land registration is administrative, civil and criminal liabilities. But unfortunately, this has not been regulated in the legislation in the agrarian sector. Until now, the application of these liabilities can be done based on the archive’s laws.

Keywords: Land; Land Right; Vital Archive

DOI: 10.7176/JLPG/89-21

Publication date:September 30^th 2019