The Crisis Of Legal Certainty Of Land Rights Certificates Under Indonesia’s Negative Publicity System With Positive Tendencies: A Normative Analysis And Legal Reform Of Land Registration

Abstract

The adoption of a negative publication system with positive elements in land registration in Indonesia creates legal uncertainty, particularly regarding ownership claims that have expired. Normatively, Article 19 of the Basic Agrarian Law in conjunction with Government Regulation No. 24 of 1997 does not provide criminal sanctions; however, in practice, it grants legal certainty after five years. The findings indicate that the system reflects a negative publication model with positive tendencies, allowing land rights to still be challenged in court. Therefore, it is necessary to accelerate the implementation of the one map policy and enact a land registration law toward a positive publication system to ensure effective, consistent, and equitable legal certainty and protection, as well as improved national land administration.