COMPARISON OF REGULATIONS AND THE
ROLE OF OFFICIALS MAKING LAND DEEDS IN THE RECONSTRUCTION OF LAND REGISTRATION
AFTER NATURAL DISASTERS
Winda Puspita Sari Ismail, R. Rahaditya
Universitas Tarumanagara,
Indonesia
Email: [email protected],
[email protected]
|
KEYWORDS disasters; regulations;
mount merapi |
ABSTRACT �Indonesia is a country that is on the equator and most of it is a
water area. Indonesia is also a country located on the Asian and Australian
continents and is directly adjacent to the pacific and indian
oceans. So this is what causes Indonesia to be included
in the Ring of Fire or Pacific Circle of Fire which is known as a region with
many tectonic activities. This legal writing uses normative research methods
so that the approach used is a purely normative approach or what is known as
normative juridical.� This research
raises the issue of positive legal provisions of the role� of land deed-making officials in the
implementation of land registration reconstruction after natural disasters.
The implementation of land registration after the natural disaster
that occurred on September 28, 2018, Indonesia was hit by an earthquake and
tsunami precisely in the Palu area of Central
Sulawesi is certainly inseparable from applicable government regulations
which are still carried out with various collaborations with other ministries
as a form of land registration and provide certainty to legal protection for
victims of natural disasters |
INTRODUCTION
Indonesia is a country that is on
the equator and most of it is a water area. Indonesia is also a country located
on the Asian and Australian continents and is directly adjacent to the pacific
and indian oceans. So this is what causes Indonesia to
be included in the Ring of Fire or Pacific Circle of Fire
which is known as a region with many tectonic activities.� The Pacific Ring Of
Fire is also an area that surrounds the Pacific Ocean basin so that it
experiences natural disasters such as tsunamis, earthquakes and eruptions of
Mount Merapi.
In data from the United
Nations International Strategy For Disaster Reduction
(UNISDR) regarding exposure to areas that have the potential to lose their
lives due to disasters, it states that Indonesia is at high risk in the
disasters it faces. So that Indonesia has great potential to face natural
disasters such as tsunamis, eruptions of Mount Merapi to earthquakes that will
have an impact on the community both socially, economically, and
environmentally. Furthermore, these three impacts will affect legal assessments
such as damage to building construction, loss of livelihood, and loss or
displacement of property ownership rights, both in the form of buildings and
land.
Land is an important property for
the survival of the community that can be used as clothing and food needs in
this case in line with Article 33 paragraph (3) of the 1945 Constitution of the
Republic of Indonesia (UUD NRI of 1945) as a constitutional basis which affirms
that the Earth and water and the natural wealth contained therein are
controlled by the State and used as much as possible for the prosperity of the
people.
This policy is then aligned with
the provisions of the Basic Agrarian Law, in Law No. 5 of 1960 concerning the
Basic Agrarian Regulations (UUPA) that in Article 1 paragraph (2) which states
that the entire Earth, water and space, including the natural wealth contained
therein within the territory of the Republic of Indonesia, as a gift of God
Almighty is the earth, water and space of the Indonesian nation and is a
national wealth. Furthermore, Article 2 paragraph (1) states that the earth,
water and space, including the natural wealth contained therein, are at the
highest level controlled by the State, as the organization of the power of the whole
people."
Keep in mind that the authority
of the state in this case is only public only to regulate not to physically
control natural resources (in this case land) and make it a right to land of a
private nature.� In this case, being
controlled by the state does not mean that it is used for the benefit of the
state alone but the state only acts as an organization of power for all
elements of society that have a mandate from the people to regulate the land
sector. The points of authority given to the state are 1). Regulate and
administer the designation, use, supply and maintenance of the earth, water,
and space; 2). Determining and regulating the legal relations between people
and the earth, water, and space; 3). Determining and regulating legal relations
between people and deeds concerning the earth, water, and space.
The form of regulatory authority
that is carried out by the state is by encouraging the community to register
land as a security measure for individual land or belonging to a group of communities
and legal entities, so that the owner can be juridically and technically
protected to be used, transferred and or tied as collateral for debt by the
owner.
Land registration in addition to
providing legal certainty is also intended to collect and present complete
information regarding physical data and juridical data regarding the land plot
in question. Land registration is held in order to provide legal certainty in
the field of land whose publication system is a negative system containing positive
elements because it will produce letters of proof of rights that apply as a
strong evidentiary tool. So with the registration of
land both owned by the community and by legal entities at the Land Office,
landowners can get proof in the form of valid land certificates as strong
evidence.
Rights in the land sector are one
of the legal fields that regulate the rights of control over land which are
categorized as national rights, the right to control from the state, customary
rights, management rights, waqf, as well as land rights such as business use
rights, building rights, and use rights. Regarding land rights sourced from
local customary law, it is also included in the categorization so that the
equality of all types of land rights can use their land according to the type
of rights owned.
As explained above, Indonesia is
included in the most vulnerable country to natural disasters, as happened on
September 28, 2018 in Palu, Central Sulawesi Province, which shook the city of
Palu with a force of 7.4 SR and spread to Donggala regency, Sigi Regency. This
earthquake resulted in a tsunami and soil liquefaction. In the data on the
destruction of damage from the earthquake and tsunami natural disaster, there
were around 67,310 housing units in Donggala 680 units, Palu 65,733 units, and
Sigi 897 units. Not only houses, of course, there are worship facilities,
health, and infrastructure in the city. From this disaster, of course, it does
not only create and result in the destruction of several physical facilities and
infrastructure, of course, as well as non-physical facilities and
infrastructure.
Natural disasters that occur like
this, if focused on the legal and physical status of the land, certainly cause
many landowners to become victims as well. Some of the impacts of natural
disasters in earthquakes and tsunamis that must be considered include:
1.
This earthquake and
tsunami disaster has destroyed and eliminated the boundaries of land parcels
and other objects that can be used as a reference for the existence of land
parcels. The land still exists, but it has no boundary mark on the parcel of
land until it cannot be physically used and reused according to its function;
2.
The sinking of a
number of soil parcels due to the abundance of seawater to the mainland and the
subsidence of the soil due to the earthquake. And the occurrence of shifts on
the surface of the earth;
3.
Land still exists,
but the owner of the land rights is also lost or has become a victim due to the
earthquake and tsunami natural disaster or the death of the landowner and his
heirs due to the earthquake and tsunami disaster;
4.
The land still exists
but the evidence is administratively documents as proof of land rights are
lost;
This disaster caused
complications in terms of structuring and rediscovering the identity of the
title land, due to the destruction of land boundaries, and the loss of evidence
of land ownership due to liquefaction disasters. Letters of ownership owned by the
community were also lost because they were submerged in the land at the time of
the disaster. Even those who survived did not necessarily have their land
ownership certificate. In addition, relevant institutions that had copies and
archives of community land ownership rights documents were also destroyed and
lost because their offices were also affected by the disaster. With this
problem, the settlement of land rights can actually be resolved, among others,
by guaranteeing certainty and effective legal protection by the government and
related institutions against land ownership rights.
There are 2 (two) circumstances
that will cause problems and solutions to property rights to land. First, the
guarantee of certainty or effective protection of land ownership rights.
Second, the principle of land registration and or other laws and regulations
will directly or indirectly affect land officials or employees, and legal
institutions that protect ownership rights to land, which is related to
registration and adjudication of providing legal certainty to individuals for
land ownership victims of natural disasters.
Based on the effectiveness of the
implementation of regulations, Indonesia is a country that adheres to a
developing system in the European level. The main focus of civil law is the use of written legal rules. The main principle
upon which the Continental European legal system is based is "law acquires
binding force because it is embodied in statutory regulations and is
systemically arranged in a certain codification or compilation. This basic
principle is binding that the main value of the purpose of law is legal
certainty, while legal certainty can only be realized if the legal actions of
human beings in the association of life are regulated by written regulations as
well, that is, contained in a law that regulates them.
From a normative juridical point
of view, in addition to the UUPA, various laws and regulations have been born
that have resulted in legal uncertainty, both in the form of certainty in law
and certainty due to law. The affirmation of a regulation regarding land
registration is affirmed through a policy of certainty by a Government
Regulation. Various regulations that were born that can then distort the
provisions in the UUPA are certainly a theory of regulatory pyramids that
require harmony between one regulatory provision and another, both vertically
and horizontally, has been stored so that the regulation of a legal object
becomes overlapping.
In the end, what happened was the
spirit of sectoralism which then dominated the agrarian conflict in Indonesia.
This can be seen by the existence of Government Regulation No. 24 of 1997
concerning land registration which is updated through the job creation
regulation policy by the Indonesian government with Government Regulation No.
18 of 2021 concerning management rights, land rights, units of flats, and land
registration. However, apart from the problems with the controversy over the
concept of regulation, there are two ways in which land registration is spelled
out, systematic land registration and sporadic land registration.
Land registration is
systematically organized at the initiative of the government based on a
long-term and annual work plan and is carried out in areas designated by the
Minister of State for Agrarian Affairs/Head of the National Land Agency, while
sporadic land registration is carried out at the request of interested parties,
namely parties entitled to the object of land registration concerned by their
authority.
Keep in mind that every society
needs a figure whose information is reliable, his signature and seal provide
assurance and solid evidence, an impartial expert and legal counsel who has no
defects and makes an agreement that can protect him in the future. If an advocate
defends one's rights when difficulties arise, then it is different from a
notary who must try to prevent difficulties from occurring.
Notary as a legal profession is
one of several elements in the implementation of law whose part of the
authority is to issue a document in the form of a deed with the power as an
authentic deed. In notaries, they also concurrently serve as Land Deed Making
Officers or abbreviated as PPAT. This deed is made and inaugurated in form
according to the rules of applicable law, by and or before general officials
authorized to do so at the place where the deed was made. Written evidence is
one of the needs in people's lives in every legal action they do.
With the earthquake and tsunami
natural disaster, then as a land reconstruction after the earthquake and
tsunami natural disaster that occurred on September 28, 2018 in Palu, Central
Sulawesi and spread to the Donggala region, Sigi is the issuance of the
legality of new land rights is the most important factor in the reconstruction of
housing and other public infrastructure.
Therefore, in writing this law,
it will be studied how the implementation and role of Land Deed Making Officers
in the Reconstruction of Land
Registration After Natural Disasters will then be analyzed also related to the
Comparison of the Implementation of Land Registration Reconstruction from
Government Regulation Number 24 of 1997 with Government Regulation Number 18 of
2021. So to answer the problems raised the variables
that will be explained in this journal include the role of the Post-Natural
Disaster Land Deed Making Officer, then it will be analyzed about the land
registration system in study areas affected by natural disasters which will
then be analyzed also related to the comparison of land registration regulations
in force in Indonesia.
The three variables are expected to be able to answer the problems raised
and will provide output with the provisional hypothesis that the Land Deed
Making Officer has no more role in land registration after natural disasters to
see the effectiveness of land registration with a direct system and a
technology-based land registration system.
METHOD�� RESEARCH
This legal writing uses normative
research methods so that the approach used is a purely normative approach or
what is known as normative juridical.�
This research raises the issue of positive legal provisions of the role
of land deed-making officials in the implementation of land registration
reconstruction after natural disasters.
RESULT AND DISCUSSION
A.
Analysis of the Implementation and Role of Land Deed Making Officials in
the Reconstruction of Land Registration After the Earthquake and Tsunami
Natural Disasters.
In both academic and
social reality, there are many who have the ability and disambiguation in
distinguishing between the purpose of law and the function of law. So to provide a differentiator between the two is very
necessary. Specifically what is discussed is the
purpose of the law, so it leads to the achievement of certain objectives of the
law. Meanwhile, if the function of the law itself is a tool or a tool �for
the realization of the achievement of the objectives of the law itself.
Law as a tool in theory
is usually proven by experts so that it has several functions. The functions of
the law are not static or non-volatile, but develop as a whole until they
continue to follow the intended directions for the needs of their time and the
practical needs of the social community. The existence of the function of law
is oriented to the law as a tool or means in carrying out social control� in the system
of community life where law is a tool of
social control.� �Another function of law, which is oriented
towards law as a tool or means of legal development to become an agent in the
development of society is called �law is a tool of social development. �Another function of law is to become a tool or
means to uphold human values. This is the responsibility of the state in an
enforcement and protection of human rights called law is a tool of human humanism.
If it is returned at
the level of an application of law, in the theory of the purpose of law by Gustav Radburch
must be adhered to a priority scale, where first justice �is
to put justice �first, Second utility is� expediency and then the third is legissibility,
namely certainty. However, with this, there are several exposures that must be
idealized where in every application of the law must always coexist between the
three legal objectives in question so that the three basic values of the law
can be realized simultaneously without any neglect and lameness between one and
the other. If this is not possible, then justice must be prioritized first,
then just think about how to benefit and certainty.
The three fundamental
fundamental objectives of the law as intended above,
in terms of theory, are known as follows:
a.
Ecthical Theory or ethical theory is
discussed in the purpose of law as justice.
b.
Utilities Theory is discussed in the
legal purpose of benefiting.
c.
Positivism � Legal Theory �or the theory of legal positivism is discussed in the purpose of law to
provide certainty .
The natural disaster that occurred on September 28, 2018 in Palu, Central
Sulawesi and shook the city of Palu which reached 7.4 SR, spread to the
Donggala, Sigi, earthquake and was followed by a tsunami to and land
liquefaction. In the data on the destruction of damage from the earthquake and
tsunami natural disaster, there were around 67,310 housing units in Donggala
680 units, Palu 65,733 units, and Sigi 897 units. Not only houses, of course,
there are worship facilities, health, and infrastructure in the city. From this
disaster, of course, it does not only create and result in the destruction of
several physical facilities and infrastructure, of course, as well as
non-physical facilities and infrastructure.
Some of the impacts of natural disasters in earthquakes and tsunamis that
must be considered include:
1.
This earthquake and
tsunami disaster has destroyed and eliminated the boundaries of land parcels
and other objects that can be used as a reference for the existence of land
parcels. The land still exists, but it has no boundary mark on the parcel of
land until it cannot be physically used and reused according to its function;
2.
The sinking of a
number of soil parcels due to the abundance of seawater to the mainland and the
subsidence of the soil due to the earthquake. And the occurrence of shifts on
the surface of the earth;
3.
Land still exists,
but the owner of the land rights is also lost or has become a victim due to the
earthquake and tsunami natural disaster or the death of the landowner and his
heirs due to the earthquake and tsunami disaster;
4.
The land still exists
but the evidence is administratively documents as proof of land rights are
lost;
This disaster caused complications in terms of structuring and
rediscovering the identity of the title land, due to the destruction of land
boundaries, and the loss of evidence of land ownership due to liquefaction
disasters. Letters of ownership owned by the community were also lost because
they were submerged in the land at the time of the disaster. Even those who
survived did not necessarily have their land ownership certificate. In
addition, relevant institutions that had copies and archives of community land
ownership rights documents were also destroyed and lost because their offices
were also affected by the disaster. With this problem, the settlement of land
rights can actually be resolved, among others, by guaranteeing certainty and
effective legal protection by the government and related institutions against
land ownership rights.
There are 2 (two) circumstances that will cause problems and solutions to
property rights to land. First, the guarantee of certainty or effective
protection of land ownership rights. Second, the principle of land registration
and or other laws and regulations will directly or indirectly affect land
officials or employees, and legal institutions that protect ownership rights to
land, which is related to registration and adjudication of providing legal
certainty to individuals for land ownership victims of natural disasters.
The position of Notary as a legal profession is one of several elements in
the implementation of law, part of whose authority is to issue a document in
the form of a deed with the power as an authentic deed. In notaries, they also
concurrently serve as Land Deed Making Officers or abbreviated as PPAT. The
existence of a profession that spreads in a constitutional order is very much
needed, because the official is the embodiment of the personification of the
state.
Land Deed Making Officers are a very important role in
the life of the nation and state, because these land deed-making officials are
given an authority by the state or government to make a deed of transfer of
land rights and other deeds in the Republic of Indonesia and abroad. The Land
Deed Making Officer is a general official who is authorized to make a deed of
transfer of rights to land whose form of deed is determined as evidence of
certain legal acts regarding land located in their respective working areas.
The principal tasks is a foreign or English meaning
of the definition of the main task. Meanwhile, in Dutch, it is defined as belangrijkste
taken which is where the main obligation or work that must be done by a
Land Deed Making Officer. In Articles 2 and 3 �of the Regulation of the Head of the National Land Agency Number 1 of
2006� concerning� Provisions for the Implementation of
Government Regulation Number 37 of 1998 concerning Regulations on the Position
of Land Deed Making Officials regulates the main duties and authorities of the
Land Deed Making Officer, �where in its elaboration it is determined that
the main task of a Land Deed Making Officer, is to carry out part of the land
registration activities. Furthermore, Article 2 states that the Land Deed
Making Officer is in charge of carrying out some of the land registration
activities by making a deed as evidence of certain legal acts regarding land
rights or property rights to units of flats which will be used as the basis for
registration of changes in land registration data resulting from the legal act.
The legal acts as referred to in paragraph (1) are as follows:
a. Selling;
b. Change convert;
c. Grant;
d. Income into the company (inbreng);
e. Division of common rights;
f. Granting building use rights or use rights to property
rights land;
g. Granting of dependent rights;
h. The granting of power imposes the right of liability;
Furthermore, the authority of a Land Deed Making Officer
if interpreted in English, is called authority, but in Dutch it is
called authoriteit ��or gezag
which is the power of a law or granted by
law to a Land Deed Making Officer to make a deed. In Article 3
�of
the Regulation of the Head of the National Land Agency Number 1 of 2006� concerning�
Provisions for the Implementation of Government Regulation Number 37 of
1998 concerning Regulations on the Position of Land Deed Making Officers,
further stipulates that:
a.
The Land
Deed Making Officer has the authority of a land deed which is an authentic deed
regarding all legal acts as referred to in Article 2 paragraph (2) regarding
land rights and property rights to units of flats located in their work areas;
b.
The Land
Deed Making Officer temporarily has the authority to make a land deed which is
an authentic deed regarding all legal acts as referred to in Article 2
paragraph (2) regarding land rights and property rights to units of flats with
work areas within the working area of his position;
c.
The special
Land Deed Making Officer is only authorized to make deeds regarding legal acts
specifically referred to in his appointment;
Apart from the profession of a Land Deed Making Officer
and can be categorized as a profession that develops in the field of law, it
must support ethics and morals as the basis for a foothold in the development
and implementation of the profession as a manifestation of the values of
prioritizing humanity as a law formed for the benefit of humans.
One of the duties of public officials is to be recognized for their
existence in the applicable laws and regulations. This follows the provisions
of the 1945 Constitution which expressly states that the Unitary State of the
Republic of Indonesia is a state of law. The state of law guarantees certainty,
order and protection of laws that are intrinsic to truth and justice. Legal
certainty, order, and certainty, among other things, require that legal
transactions in people's lives require proof that clearly determines the rights
and obligations of a person as a legal subject in society.
Professional
obligations and legal obligations certainly have the duties of a profession or
a professional person involved. However, the duties of a professional are not
identical to the duties of the law, but certainly do not contradict each other.
In some cases, the duties of a profession or a professional are identic with
legal duties, so all violations face legal sanctions other than professional
sanctions. Professional duties are often viewed only as ethical guidelines, and
violations of the duties of a profession, which occur outside the legal
framework.
Professional
development including the legal profession actually depends on the person who
is concerned because he has a sense of full responsibility for the quality of
his professional services and must independently be able to meet the needs of
citizens who need services in legal needs or in the field of law, so for that
requires expertise that is legal knowledge and trustworthy.
The discovery of the
values contained in ethics and the profession in the form of the availability
of providing professional services in the field of law to the community with
full involvement and expertise as a service in order to carry out tasks in the
form of obligations to the community that needs legal services accompanied by
careful reflection is a manifestation of professional obligations. So that in
carrying out the profession can be in the form of basic rules in the form of
professional ethics, namely as follows:
1.
The profession should
be viewed and perceived as a service because it is a selfless trait that is
characteristic in developing a profession. What is meant by selflessness is
where to consider what determines in decision making and there are also client
interests and public interests, so that it is not in one's own interests or
developing the profession. However, if the selfless nature is ignored,
professional development will lead to utilization that can lead to abuse with
humans who are experiencing difficulties or difficulties.
2.
To a professional in
service to put the interests of patients or clients first refers to noble
interests or values as norms of criticism that motivate attitudes and actions.
3.
Professional
development should always be oriented towards society as a whole.
4.
In order for
competition in service to take place properly and supportively, so as to ensure
the quality and improvement of professional quality, therefore professional
development must be together with solidarity between professional colleagues.
To assess and be seen in terms of interests between the interests of the
profession and the law there are similarities and differences where in these
interests there is an element of responsibility which is a moral burden. Thus there is a link between interests, responsibilities,
and obligations, for therein lies an element of goodness imposed on our will to
be exercised.
As for the legal obligation itself, the interest is not only in the
awareness of the obligation to obey the legal regulations themselves, but also
in the law itself which is not written, indeed the awareness of this legal
obligation often arises from actual events or events.� So that the continuous connection between
legal obligations and the profession lies in the awareness of obligations
towards others where remembering and paying attention
to respecting and not harming the interests of others without neglecting the
interests of oneself or the organization of the profession. In the end,
professional responsibility is the responsibility of the ethical morals of the
profession that has a sense of birth and mind while legal responsibility only
has a sense of birth. With this, values always animate consistently with the
norms that apply in society, both moral and ethical norms, decency and law.
In the aftermath of the natural disaster that occurred, it does prove that
the community lost all their wealth assets, let alone land, but in the
implementation of re-registration to return the ownership assets of ha katas
community land, the National Land Agency does not have a way to prove their
land ha katas, so that in the implementation of registration it remains in
accordance with applicable laws and regulations. As for areas affected by
natural disasters and particularly liquefied natural disasters, the National
Land Agency immediately issued a red zone so that the land they owned was
re-recorded, and given permanent housing.
Due to the implementation of the registration of land to be registered, it
must be proven that the ownership of the land with various stages of proving
its rights. There are two types found in proofs where there is proof of old
rights and new proof. To prove the old right is to show evidence � written
evidence, witness statements and or a statement concerned whose standard of
truth is on the part of the adjudication committee in systematic land
registration or by the head of the land office in sporadic land registration.
According to Article
1 number 10 of Government Regulation Number 24 of 1997 concerning Land
Registration regarding systematic land registration is a land registration
activity for the first time carried out simultaneously which includes all
objects of land registration that have not been registered in the territory or
part of the territory of a village kelurahan. Land registration is
systematically carried out through adjudication, where adjudication is an
activity carried out in the land registration process for the first time
including the collection and determination of the correctness of physical data
and juridical data regarding one or several objects of land registration for
the purposes of such registration.
In other activities,
there are certain things, the Head of the District / City Land Office is
assisted by other officials, one of which is the Land Deed Making Officer and
the Adjudication Committee. For the Role of the Land Deed Making Officer in
land registration is to assist in the maintenance of land registration data in
the form of making deeds of transfer of land rights. Meanwhile, the role of the
adjudication committee in land registration is to assist in the implementation
of land registration systematically.
In carrying out land
registration systematically, the Head of the District / City Land Agency Office
assisted by the Adjudication Committee with the adjudication committee's initiative,
the implementation of land registration is systematically divided into two,
where first �the land registration
is carried out systematically and is carried out by the adjudication committee
formed by the Head of the National Land Office, so it is called systematic land
registration in the framework of the program�
government. While�
the second �where
land registration is carried out systematically and carried out by an
adjudication committee formed by the Head of the Regional Office of the
Provincial National Land Agency is called systematic land registration with
independent communities.
The adjudication
committee is a committee that registers land village by village, village by
village. Meanwhile, the chairman of a separate committee is not automatically
the Head of the Land Office but a separate committee appointed from the
National Land Agency. If you look back at the systematic registration of land,
it is generally mass or large so that in carrying it out the Head of the
District and City Land Office needs to be assisted by a committee specially
formed for it, so that thus the duties of a Head of the Land Office will not be
negligent of his duties.
The registration
procedure carried out systematically in Government Regulation Number 24 of 1997
is:
a)
Chapter 13 Verse (3)
The existence of a
work plan in which land registration is systematically based on a work plan and
is implemented in areas designated by the Minister of State for Agrarian
Affairs.
b)
Article 8
The establishment of
an adjudication committee where in the implementation of tanag registration
systematically, the Head of the District / City Land Office is assisted by an
adjudication committee formed by the Minister of State for Agrarian Affairs.
c)
Article 15 and
Article 16
Making a basic map of
registration is where the systematic land registration activity begins with the
creation of a registration basis. Where the registration base map is made, the
National Land Agency carries out the installation, measurement and maintenance
of national engineering base points in each district and city. So that for
measurement, the way to make a basic map of registration is tied to the basic
points of national engineering as the basic framework. Until then, the
registration base map becomes the basis for making a registration map.
d)
Article 17 to Article
19
The determination of
the boundaries of the land plot in obtaining physical data for those who
require land registration, the plot of land to be mapped is measured and
further determined its location, the boundary which according to its necessity
is placed on the boundary mark on each parcel of land concerned. The
determination of the boundaries of the land plot is sought to arrange the
boundaries based on an agreement between the interested parties. The placement
is a boundary mark including that maintenance must be carried out by the holder
of the land rights concerned.
The determination of
the boundaries of a parcel of land that has been owned with a right that has
not been registered or that has been registered but there is no measuring
letter or picture of the situation or that is no longer in accordance with the
circumstances is carried out by the adjudication committee based on the
designation of the boundary by the holder of the ha katas of the land concerned
and wherever possible approved against the holder of the ha katas of the land.
If in the
determination of the boundary of the land plot there is no agreement between
the holder of the ha katas of the land concerned and the holder of the ha katas
of the adjacent land, the measurement of the land plot will be sought to be
temporarily determined based on the boundaries that are in fact the boundary of
the land plot in question, but if within a predetermined time the holder of the
ha katas of the land concerned or the holders of the ha katas of the adjacent
land are not present after� a summoning
is made to measure the field of tananhnya, temporarily carried out based on the
boundaries which in reality are the boundaries of the parcel of land in
question.
To the Chairman of
the Aiudikasi Committee who made the minutes
regarding the conduct of interim measurements, including regarding the
non-acquisition of a boundary agreement or the absence of the holder of the
right to the land in question. However, in the measuring drawings as a result
of temporary measurements, a note or sign is given indicating that the boundary
of the land plot is only a temporary boundary. So that an agreement has been
obtained through deliberation as to the intended limit or certainty is obtained
based on the court's decision to obtain permanent legal force, an adjustment is
made to the data on the registration map in question.
e)
Article 20
Making a basic map of
registration in a land midwife whose boundaries have been measured and then
mapped in the registration base map.
f)
Article 21
The creation of a
land register for plots of land that has been mapped or given its registration
number on the registration map is recorded in the land register.
g)
Article 22
Making measuring
letters for land plots that have been measured and mapped in the registration
map, measuring letters are made for the purposes of registering their rights.
h)
Articles 24 and 25
The collection and
research of juridical data on the need for registration of land derived from
the conversion of old rights is evidenced by evidence regarding the existence
of such rights in the form of written evidence, so that the testimony of
witnesses or statements concerned whose level of truth by the Adjudication
Committee is considered sufficient to register their rights and the rights
holders and other parties who forgive them.
In the event that
there is no longer or is no longer a complete availability of its evidentiary
instruments, then the bookkeeping of rights may be made on the basis of the
fact of physical possession of the parcel of land in question for 20 years or
more successively from the registration petitioner and its predecessors, provided
that the possession is exercised in good faith and publicly from the person
concerned as entitled to the land, and is strengthened against the testimony of
a trustworthy person.
The next condition of
the control either before or during the announcement is not disputed by the
customary law community or the village/kelurahan concerned or other parties. In
order to assess the correctness of the evidence of land rights rights. old
rights were carried out collection and research of juridical data on the land
plots concerned by the Adjudication Committee.
i)
Articles 26 and 27
The announcement of
the results of juridical data research and the results of measurements of the
results of the collection and research of juridical data along with bi-dang
maps or plots of land concerned as a result of measurements are announced for
30 days for members to complain to interested parties to raise objections. The
announcement was made at the Adjudication Committee Office and the Village
Head/Kelurahan Office where the land concerned was
located and in other places deemed necessary.
If within the period
of announcement someone raises objections regarding the physical data and/or
juridical data that is raised, the Chairman of the Adjudication Committee
strives that as soon as possible the objections raised are resolved by
deliberation for consensus.
If an attempt at a
deliberative settlement for consensus brings results, a
minutes of settlement are made and if the intended settlement results in
a change in what is announced, the change is made to the map of the land plots
and/or the list of fields concerned. if attempts at a deliberative settlement
for consensus cannot be carried out or do not bring results, the Chairman of
the Adjudication Committee notifies in writing to the party who raised the
objection to file a lawsuit regarding the disputed data and/or juridical data
to the Court.
j)
Article 28
Ratification of the
results of the announcement of physical data research and juridical data where
after the announcement period ends (after 30 days), the physical data and
juridical data announced by the Adjudication Board in land registration are
systematically ratified with minutes. If after the expiration of the
announcement period there is still a lack of physical data and or juridical
data in question or there are objections that have not been resolved, the
endorsement is carried out with a record of incomplete matters and or
objections that have not been resolved. Minutes of ratification of the
announcement of physical data and juridical data are the basis for, bookkeeping
of the rights to the land concerned in the land book, recognition of land
rights, granting of land rights.
k)
Article 29
The bookkeeping of
rights to land rights is registered by recording the land book which contains
physical data and juridical data of the land plot concerned, and as long as
there is a measuring letter also recorded on the measuring letter The
bookkeeping in the land book and its recording on the measuring letter is
evidence that the rights concerned and the holder of the right and the land
plot described in the measuring letter have been legally registered.
Bookkeeping of rights is carried out on the basis of evidence of old rights and
minutes of ratification of the announcement of physical data and juridical
data.
l)
Article 31
The regulation of
certificates against the Certificate is issued for the benefit of the rights
holder concerned in accordance with the physical data and juridical data that
have been registered in the land book. The certificate is issued by the local
District and City Land Office, signed by the Chairman of the Adjudication
Committee on behalf of the Head of the District / City Land Office. The
certificate may only be handed over to the party whose name is listed in the
land book concerned as the right holder or to another party authorized by him.
Meanwhile, according
to Article 1 number 11 of Government Regulation Number 24 of 1997 concerning
Land Registration regarding sporadic land registration is a land registration
activity for the first time regarding one or several objects of land registration
within the territory or part of the territory of a village or village
individually or en masse. On sporadic land registration, land registration
applicants, both individual and bulk, are required to prepare the required
documents and go to the local District / City Land Office to apply for the land
to be registered certified, and cover all costs charged to the applicant.
In land registration
activities the task of implementing land registration is carried out by the
Head of the District / City Land Office, unless certain activities concerned
are assigned to other officials. In this case, sporadic land registration
assisted by other officials is one of them Committee A, where the role of
Committee A in sporadic land registration is to help the Head of the District /
City Land Office carry out juridical data research and determination of land
boundaries that are requested to be registered and certified. The second
official is of course the Land Deed Making Officer, where the role of the Land
Deed Making Officer in sporadic registration is to assist in the creation of an
unregistered tana sale and purchase deed if the acquisition of the land is made
through sale and purchase. The deed is one of the dkumen that must be completed
by the sipemohon in the sporadic registration of the land.
The land registration
procedure carried out sporadically in Government Regulation Number 24 of 1997
is:
a.
Chapter 13 verse (4)
Sporadic registration
of land is carried out at the request of the interested party, what is meant by
the interested party is the party who is entitled to the plot of land that is
attached or its authority. Sporadic registration of land can be carried out
individually (individually) or in bulk (collectively) from the holder of rights
to the land plot or its proxies.
b.
Article 15 and
article 16
The creation of a
registration base map in which areas that have not been systematically
designated as land registration areas by the National Land Agency is sought to
provide a registration base map for the purposes of sporadic land registration.
For the purposes of
making a registration base map, the National Land Agency organizes the
installation, measurement, mapping, and maintenance of national engineering
base points in each district and city.
Measurements for the creation
of a registration base map are linked to the basic points of national
engineering as the basic framework. If in an area there are no or no national
engineering base points, in carrying out measurements for the creation of a
registration base map, local engineering base points can be used that are
temporary and then tied to the national engineering base points. The
registration base map became the basis for the creation of the registration
platform.
c.
Articles 17 to 19
In order to obtain
the physical data necessary for land registration, the plots of land to be
mapped will be measured, once they have been determined their location,
boundaries and according to their necessity are placed boundary marks in each
corner of the land plot in question. The determination of the boundaries of
land plots is sought to arrange boundaries based on the agreement of the
interested parties. The placement of boundary signs including their maintenance
is mandatory by the holder of the land rights in question. The determination of
the boundaries of land plots that already belong to a right that has not been
registered or that has been registered but there is no measuring letter /
drawing of the situation or the measuring letter of the existing situation
drawing is no longer in accordance with the actual situation carried out by the
head of the local District or City Land Office based on the designation of the
boundary of the holder of the right to the land concerned and wherever possible
approved by the holders of rights to the adjacent land.
In determining the
boundaries of land plots, the Head of the local District/City Land Office pays
attention to the boundaries of the fields or plots of land that have been
registered and the measuring letter or picture of the situation in question.
The approval of the boundaries of the land plot is set forth in a minutes signed by those who give consent. If in the
determination of the boundary of the land plot no agreement is obtained between
the right holder of the land in question and the holder of the right to the
adjacent land, the delimitation of the land plot is sought to be temporarily
carried out on the basis of the boundary which in fact is the boundary of the
parcel of land in question.
If at a predetermined
time the holder of the right to the land in question or the holders of the
right to the adjacent land are not present after the summons, the measurement
of the parcel of land, is temporarily carried out on the basis of the
boundaries which in fact constitute the boundaries of the parcel of land in
question. The head of the local City District Land Office made a proclamation
regarding the interim measurements, including regarding the non-acquisition of
boundary agreements or the absence of the rights holders of the land in question.
In the measuring
drawings as a result of temporary measurements, records or signs are placed
indicating that the boundaries of the land plots are only temporary boundaries.
In the event that an agreement has been obtained through deliberations as to the
intended limit or obtained certainty based on a court decision that has
obtained permanent legal force, an adjustment is made to the data on the
registration map in question.
d.
Article 20
Measurement and
mapping of land plots and making registration maps are land plots that have
been determined to be measured and subsequently mapped in the registration base
map. If in the territory of sporadic land registration there is no registration
base map, another map can be used, as long as the map qualifies for the
creation of a registration map. If in the area in question there is no
registration base map or other maps, the creation of a registration base map is
carried out by measuring and mapping the land plot concerned.
e.
Article 21
Creation of a land
register where a plot or piece of land that has been mapped or given its
registration normor on the registration map is
recorded in the land register.
f.
Article 22
Making measuring
letters for land plots that have been measured and mapped in the registration
map, measuring letters are made for the purposes of registering their rights.
For sporadic land registration areas where registration maps are not yet
available, a measuring letter is made from the results of measuring land plots
that have been set boundaries.
g.
Article 23
The proof of the new
right in the need for registration of rights is to the Right to new land as
evidenced by the determination of the grant of rights from the official
authorized to grant the rights concerned according to the applicable provisions
if the grant of rights comes from state land for permanent occupancy such as
the occurrence of natural disasters. And also the
original deed by the land deed-making official containing the granting of such
rights by the title holder to the beneficiary concerned.
h.
Article 24 and
article 25
Proof of the old
right which in the event that it is not or is no longer fully available as a
means of proof, the bookkeeping of the right may be carried out on the basis of
the fact of physical possession of the parcel of land in question for 20
(twenty) years or more in a row by the applicant and his predecessor, provided
that the Possession is carried out in good faith and publicly by the person
concerned as the person entitled to the land,�
and strengthened by the testimony of a trustworthy person.
i.
Article 26 and
article 27
The announcement of
the results of the juridical data research and measurement results will be
announced for 60 days to provide an opportunity for interested parties to submit
a statement. If anyone objects, it will be resolved by deliberation and
consensus. And if you don't find a bright spot who has objections, you are
welcome to file with the court.
j.
Article 28
The ratification of
the results of the announcement of physical data research and juridical data is
that after the end, the announcement time still lacks completeness of physical
and juridical data. The concerned or there are still objections that have not
been resolved the ratification is done with a record of the incomplete matter
and or objections that have not been resolved. Regarding the news of how the
ratification becomes the basis for the bookkeeping of the ha katas of the land
concerned in the land book, the recognition of ha katas of land and the granting
of ha katas to the land.
k.
Article 29 and
article 30
The bookkeeping of
rights in the land books and their registrar on the measuring letter is
evidence that the rights concerned and the holder of the rights and their land
plots described in the measuring letter have been legally registered, and the
bookkeeping of rights is carried out based on evidence of new rights or old
rights and minutes of ratification of physical and juridical data
announcements.
l.
Article 31
The regulation of the
certificate is issued for the benefit of the rights holder concerned in
accordance with the physical data and juridical data that have been registered
in the land book.
In order to accelerate land registration, a Regulation of the Minister of
Agrarian affairs and Spatial Planning / Head of the National Land Agency Number
35 of 2016 concerning the Acceleration of the Implementation of Complete
Systematic Land Registration and Regulation of the Minister of Agrarian affairs
and Spatial Planning / Head of the National Land Agency Number 01 of 2017
concerning Amendments to the Regulation of the Minister of Agrarian affairs and
Spatial Planning / Head of the National Land Agency Number 35 of 2016
concerning the Acceleration of the Implementation of Systematic Land Planning� Complete. The regulation is a reference to
mass land sertypication activities that are directed
systematically.
The definition of Complete Systematic Land Registration (PTSL) is a land
registration activity for the first time that is carried out simultaneously for
all land registration objects throughout the territory of the Republic of
Indonesia in one village / kelurahan area or other
names of the same level, which includes collecting and determining the
correctness of physical data and juridical data regarding one or several land registration objects for the purposes of registration.
The object of Complete Systematic Land Registration (PTSL) includes all
land plots where land plots have no land rights, land rights, government or
regional asset land, land owned by state-owned enterprises or regions, village
land, state land, community land to customary law and forest areas and other
fields. The stages in the Complete Systematic Land Registration (PTSL)
activities are:
a.
Determination of the
object of the location of its acceleration activities complete systematic land
registration.
b.
Formation and
establishment of an adjudication committee, complete systematic land
registration.
c.
Extension.
d.
Collection and
processing of physical and juridical data of land plots.
e.
Examination of the
soil.
f.
Announcement of
physical and juridical data,
g.
Issuance of a
decision on the granting of land rights.
h.
Bookkeeping of land
rights.
i.
Issuance of
certificates of land rights and
j.
Submission of a
certificate of land rights.
Complete Systematic Land Registration PTSL, this in the case of proving
ownership of the land of the community is incomplete or how it is like nothing,
then it can be completed and proved by a written statement of physical
possession of the land plot in good faith by the person concerned. So that the
element of good faith consists of physically controlling, using, utilizing, and
maintaining the land for generations, within a certain time and or obtaining in
a way that does not violate the provisions of laws and regulations.
In order to prove good faith, the petitioner made a statement stating that
he had no objection from the other party to his land owned or not in dispute,
nor does this include or are not assets of the government and local and general
bodies of state and local property as well. The Complete Systematic Land
Registration of PTSL can also be passed with the National Agrarian Program. So
that the Complete Systematic Land Registration is one of the manifestations of how to re-register land against natural disasters that
occurred in 2018 in Sigi Regency and Palu City in particular.
B. Field Interview
Results
Mrs. Rina is a land
deed-making official and temporary replacement notary of the land deed-making
official and notary mr. Charles. According to Mrs. Rina, the role of land
deed-making officials in land registration is a very important role as a public
official, of course. Because according to Mrs. Rina in terms of land
registration, the transfer of rights of a notary and the land deed-making
official are directly involved in terms of for example the transfer of sale and
purchase rights, so if the sale and purchase deed is carried out without the
involvement of the land deed-making official, it cannot be continued so it must
go through a land deed-making official.
According to Rina's
mother, if in the role of the land deed-making official in the land
registration at the time of the natural disaster, the office where she worked,
did not operate and made her close the office. So that when after a natural
disaster, we depend on where the conditions affected by natural disasters or
earthquakes are the most severe, and this must be communicated by the National
Land Agency, whether the location of the natural disaster can be carried out
the buying and selling process or not, so continue to coordinate with the
National Land Agency. So that what activities and mechanisms are carried out by
land deed-making officials after a natural disaster occurs is coordination by
the National Land Agency. Like the location, the location of disaster points
such as the Petobo area, and some areas that are still included in the Palu
City area. For the Petobo area, it is also still partly included in the Palu
City area. So if the location is in the location of
the Palu City point area, then coordination from the National Land Agency to
the land deed-making official, must report to the National Land Agency first so
that the location is re-examined into the red zone area or it can be renamed.
For the role of land
deed-making officials in sporadic land registration, usually the land
deed-making official directly legalizes only for example such as the Complete
Sitematic Land Registration, which is done by the land deed-making official is
only legalized, because the sporadic land registration is done directly by the
National Land Agency. However, for systematic land registration, the land
deed-making official runs as it is, for the time of occurrence after a natural
disaster if it is not directly affected by the location affected by the disaster,
the land deed-making official carries out the land registration as usual
procedures. For example, running bphtbb first, bpph first, after bph is
completed, then the land deed-making official makes a check and then the active
land deed making the deed by making and numbering the deed of transfer of
rights.
In the occurrence of
natural disasters such as those that occurred in 2018 in Palu,
Sigi, and Donggala cities,
according to Rina's mother the land is categorized as destroyed land, she
stated no, because the land was wiped out actually roughly the eye is still
visible, or can be seen, but only for development on the land we see the zone
whether it can still be developed and whether it is still feasible to buy and
sell the land,� so according to Rina's
mother directly has not been directly said to be wiped out.
Against providing
guarantees of certainty or effective protection by land deed-making officials
against ownership rights to land by communities affected by natural disasters
according to Rina's mother, the protection of the acting land deed maker only
provides legal consultation, for example, as explaining that the location of
the land zone has been affected by the red zone or the land can be continued
the process of transferring rights because it is in the green zone area,� Only from there, the land deed-making
official can only provide consultations.
Mrs. Rina argued that
if the deed made by the land deed-making official is not only a deed of sale
and purchase, exchange and grants, for land plots affected by natural
disasters, it is certainly certain before the earthquake occurs and when an
earthquake occurs, it must be from the bank that must give a decision, whether
the object must be repaid or continued with the costs that have been decided by
the bank,� So as an official making land
deeds, he has carried out his role of making deeds, so that outside of this,
there is no.
According to Mrs.
Rina again, if the land deed-making official has issued a deed of dependent
rights and the land object affected by natural disasters is charged with
dependent rights and the land or object is no longer there, whether the
dependent right will be abolished or continue to take place by transferring
other land objects so that according to her the authority of an official making
the land deed was completed before the natural disaster if after the earthquake
the land deed-making official asked� back
to the National Land Agency, it was confirmed and coordinated first whether this
could be charged with dependent rights whether it could not. According to him,
if there is a victim who is declared dead and the land deed-making official has
issued a deed of dependent rights, it will still be returned to the bank.
According to Mrs.
Rina, the deed can strengthen the help of victims of natural disasters to areas
that have occurred natural disasters, and maybe some of these areas have been
established or categorized as disaster-prone areas, to the role of land
deed-making officials in the legal certainty of land rights to victims if they
are to be given replacement land or relocated and or will continue to be
re-measured by the National Land Agency,�
Rina's mother stated that for what deeds strengthened the victims of the
disaster did not exist, Rina's mother gave a parable in looking at the
certificate of relocated land such as whether the land deed-making official
could check whether this could be carried out by the transfer of rights.
However, if the National Land Agency has provided information that the location
of the new land can be carried out by transferring rights and for example, Back
is like a permanent residence, the certificate is already a new certificate, so
from the notary and land deed making officials, it only runs a system check
that is carried out online.
Regarding the
obstacles to the land deed-making official according to Rina's mother is in the
measurement of land, just like the National Land Agency, it must take a long
time, where it must wait for a party from the National Land Agency to come to
check the land or location. So that it can wait Back again, As
for the case if there is land access or the location has not been repaired, so
the waiting process becomes up and down, and this makes the land deed-making
official still waiting from the National Land Agency again.
Mrs. Rina's statement
in the laws and regulations, which are used as ��guidance or guidance or directions for land
deed-making officials to carry out land registration after the natural
disaster, Mrs. Rina still refers to agrarian regulations, namely Law Number 5
of 1996 and Mrs. Rina stated that it is adjusted to the current constraints, so
that the land deed-making official still refers to what happened. In the case
of 2020, 2 years after the earthquake and tsunami disaster that occurred, the
Indonesian government made regulations on job creation, one of which was the
updated land registration regulation which was previously in Government
Regulation Number 24 of 1997 concerning Land Registration updated through a job
creation regulation policy by the Government of Indonesia with Government
Regulation Number 18 of 2021 concerning management rights,� land rights, units of flats, and land
registration. With this, the difference between the two regulations in land
registration, Mrs. Rina still does not know about it and Rina's mother stated
that by regulation the land deed-making official is very rare to compare the
regulations from government regulations and also the new regulations, namely
job creation according to Rina's mother because as an official making land
deeds see in practice,� as seen by its
location and also the land registration which is just so � just like that, and
whether the land is problematic or not, so according to Rina's mother that's all
that an official who makes land deeds can do and adjust.
As for the renewal of Government Regulation Number 18 of 2021, there is no
specification in the mechanism system for land registration, but the existence
of a proof of ownership letter, which is carried out electronically, if it is
related to the occurrence of a natural disaster, Rina's mother's view with the
electronic certificate statement is conditioned on the current millennial
situation, but for now Rina's mother still remains with the usual certificate
she does,� and viewed with the state of
Palu City which is still manual. So that the land deed-making official is still
running something that is still manual as well, and if it is electronic, Mrs.
Rina stated that at least it is just like checking some land rights �
electronic land rights, for Palu City, there is still not much spread to become
an electronic certificate.
Mr. Muhammad Alif is
a notary general official and land deed-making official who developed his
profession as a public service official making authentic deeds, Mr. Alif stated
in the role of land deed-making officials in land registration if especially
Palu City it is actually for now still safe and smooth and the land deed-making
officials here are still adjusted and coordinated with the Head of the Palu
City Land Office,� only ordinary which is
an obstacle for an official making land deeds is related to files that are a
requirement for entry into the National Land Agency, that is one of them,
usually an official who makes land deeds cannot be denied also every sixth-month
or one year there is a so-called change of Head of Office or change of position
of Head of Office and that every change there must be a different person �
different in terms � additional conditions that are beyond the will� whether from the regulations or from us as
officials making land deeds or from the beginning, it can also be an obstacle
too so that so far it is still safe � just safe, because as an official making
land deeds coordinate directly through the same Head of the Land Office.
In the role of the
land deed-making official at the time of the post-natural disaster, Mr. Alif
stated that at the time of the natural disaster in 2018 and the land
registration in September he closed the office and Mr. Alif stated that there
was a lack of coordination with the National Land Agency until 2019, and it was
not well coordinated, because the National Land Agency also had natural
disasters, he said. So there is no and update first.
Mr. Alif, as the land deed-making officer, stated that it was active and normal
to register land in 2019 and enter 2020.
According to him, the
impact of natural disasters is negative and positive. According to Mr. Alif,
the negative for people affected by the disaster is that they no longer want to
live in Palu City, have sold cheap land and buildings, and for the positive,
the land deed-making officials must have a lot of work entered or transferred
land rights. Regarding the obstacles according to Mr. Alif the land � the land
that used to be expensive, now it became cheap was last in 2020, but now it has
been further developed again because the development has been rebuilt so that
the price of land is also back again.
Mr. Alif stated that
for the activities and mechanisms carried out by land deed-making officials
after natural disasters, there are activities, especially in the regional
management of land deed-making officials' associations, there is coordination
with the head of the National Land Agency office, where there is only social
assistance from the association of land deed-making officials in Palu, Sigi,
and Donggala. Furthermore, according to Mr. Alif, systematic and sporadic
registration after the occurrence of natural disasters if in particular his
office is not very active in serving fully, he stated that mr. alif suggested
to systematically and sporadically run directly by himself so that clients know
the lines of management at the National Land Agency, because according to him
the rules of authority of an official making land deeds are only 8,� make deeds of sale
and purchase, grants, inbreng and others so that it is indeed the duty of an
official making land deeds to make, and on the legal basis. However, if it is
to do land registration or so-called routine registration where if the letter
of submission is not yet certified, it goes directly to the determination of
the right of speech of Mr. Alif and he stated that an official making a land
deed is not very focused on such matters.
In the occurrence of
natural disasters such as those that occurred in 2018 in Palu,
Sigi, and Donggala Cities,
according to Mr. Alif, the land was categorized as destroyed land, he stated
that what had a big impact was in the Sigi section
where it was affected by liquefaction so that as far as Mr. Alif knew for now
those affected by liquefaction there were no activity activities for the
control of certificates and others,�
because he stated lastly, in 2020, the option of being directed there
was to be stopped because it became a red zone, but Mr. Alif reiterated that
according to him, his land was not destroyed but for his rights according to
him.
Mr. Alif stated that
in providing assurance or effective protection by the land deed-making official
against the right of ownership of land by communities affected by natural
disasters, it is that the protection for the land deed-making official is
returned to the land office, because the system data and certificates from the
land office, the land deed-making official only completes the administration to
be brought to the land office,� If as
there is no certificate we publish and from the Land Office all that is
processed, we only process from here regarding the requirements - the
requirements, if the certificate is as a notary and the land deed making
official only checks all valid data or not.
In the deed made by
the land deed-making official, not only the deed of sale and purchase of
exchanges and grants, and if the parcel of land affected by a natural disaster
is charged with dependent rights according to Mr. Alif if if
the deed of dependent rights he never made but his friend once made a deed of
dependent rights so that it is known that the existence is again coordinated on
the side of the bank,� because those who
can coordinate directly are the bank and also directly on the side of the
National Land Agency.
According to Mr.
Alif, the deed can strengthen the help of victims of natural disasters to areas
that have occurred natural disasters, and perhaps some of these areas have been
established or categorized as disaster-prone areas, to the role of land
deed-making officials in the legal certainty of land rights to victims if they
are to be granted replacement land or relocated and or will continue to be
re-measured by the National Land Agency,�
Mr. Alif stated For those who have been affected by disasters, or have
been designated red zones, they are allocated to green areas, usually it is the
National Land and Spatial Planning Agency which provides 1 map for this
coordination which the green zone is directed there and used as a place to
live, but for the status of land rights the National Land Agency is usually
re-coordinated whether this is still worth issuing certificates or there is
still a basis for rights there or moved�
completely so here there is such a thing as huntap
or permanent residence and also huntara, temporary
housing is usually in a large petobo area, he said.
Mr. Alif stated that
the obstacle that makes it difficult for land deed-making officials to help the
community when undergoing land registration held after natural disasters is
that for now there are no obstacles, but maybe usually the obstacles are if the
community needs input or legal consultation only, so if for example there is
also a sale and purchase they consult the land
deed-making official and forwarded to the National Land Agency.
Mr. Alif's statement
in the laws and regulations, which are used as�
guidance or guidance or directions for land deed-making officials
to carry out land registration after the natural disaster, is still focused on
Government Regulation Number 24 of 1997, so he is still focusing on these
regulations and if there are changes � other changes a land deed-making
official also coordinates together� The
National Land Agency because of the National Land Agency has other new
provisions such as other National Land Agency terms such as terms that are
directly notified orally and must be added. As with the other statements, he
thinks that for now it is like that.
As for 2020, 2 years after the earthquake and tsunami disaster that
occurred, the Indonesian government made regulations on job creation, one of
which was the updated land registration regulation which was previously in
Government Regulation Number 24 of 1997 concerning Land Registration updated
through a job creation regulation policy by the Government of Indonesia with
Government Regulation Number 18 of 2021 concerning management rights,� land rights, units of flats, and land
registration. With this, the difference between the two regulations in the land
registration, Mr. Alif stated that for the new regulation, he did not know for
sure and according to him, he did not really understand the difference with the
regulations. In the renewal of Government Regulation Number 18 of 2021, there
is no specification in the mechanism system for land registration, but the
existence of a proof of ownership letter, which is carried out electronically,
if it is related to the occurrence of a natural disaster, Mr. Alif's views and
statements are, For electronic certificates, it has indeed been published, Only
now it is still a transition period, but for Palu City, the official making of
land deeds is still not there,� the
existing one is the most map of land rights, so it is still as certiate as the
first one, which is in the form of a book, but if it is to be legalized
according to Mr. Alif it is very helpful, but later there must be a process
process that is proof letter, if electronically yes even though it is
sophisticated there must be a minus in the hack - hack and it does not
guarantee so how will it be in the future when it is carried out whether there
are rights - rights that can so that the goods can not be lost can officials
land deed maker holds as minuta service, if notaries and land deed-making
officials must be the way � just walk what deed is given the task of the
government, Only for clients what can be held for proof
CONCLUSION
The implementation of land registration after the natural disaster that
occurred on September 28, 2018, Indonesia was hit by an earthquake and tsunami
precisely in the Palu area of Central Sulawesi is
certainly inseparable from applicable government regulations which are still
carried out with various collaborations with other ministries as a form of land
registration and provide certainty to legal protection for victims of natural
disasters. The role of the land deed-making official in land registration is
certainly a very important role, but in his role, the land deed-making official
does not have any role in the registration of land after natural disasters but
only provides legal advice
�as
someone who carries out his profession as a land deed-making official and this
is part of the legal profession.
Against government regulation number 18 of 2021 and government regulation
number 24 of 2021 for the land registration section, there is no specification
in the mechanism system for land registration, but the existence of letters and
processing of data and proof of ownership, which is carried out electronically,
land registration in Indonesia whose implementation is ordered by the basic
agrarian law does not use a positive publication system. the truth of the data
presented is guaranteed by the state, but using a negative publication system,
in the state negative publication system does not guarantee the correctness of
the data presented so that the land registration system in Indonesia is to use
a land registration system for negative publications with positive tendency.
The point of a positive-related negative publication system is that this land
registration system uses a rights registration system like the Torrens
System but the publication system has not been able to be purely positive.
REFERENCES
Meteorological Climatology and Geophysics Agency, Catalogue
of Significant and Destructive Earthquakes (Annually) Cet.1, (Jakarta:
Earthquake and Tsunami Center, 2019), p. 21
Beni Ahmad Saebani & Syahrul Anwar, Comparison
of Criminal Law Systems, (Bandung: CV Pustaka Setia, 2016), p. 60
Boedi Harsono, Towards the
Improvement of National Land Law (In Relation to Tap MPR RI No. IX / MPR / 2001,
(Jakarta: Trisakti University, 2002), p. 3
Muhammad Bakri, The Right to Control Land by the State
(A New Paradigm for Agrarian Law Reform), (Yogyakarta: Citra Media, 2007),
p.4
Hilma Lestari, Status of Land Rights After
Liquefaction Disaster and Regional Spatial Plan in Palu City, (Thesis:
Islamic University of Malang, 2020), p. 4
Muhammad Ilham Arisaputra, Agrarian
Reform in Indonesia, (Jakarta: Sinar Grafika, 2015), p. 16
Achmad Sodiki,
The Politics of Agrarian Law, (Jakarta: Constitution Press, 2013). pp.
33-34Hilma Lestari, Status of Land Rights After Liquefaction Disaster and
Regional Spatial Plan in Palu City, (Thesis:
Islamic University of Malang, 2020), p. 4
Hasanudin Z. Abidin, et al., Reconstruction of Land
Parcel Boundaries in Aceh After the Tsunami: Some Aspects and Problems,
(e-Journal: Infrastructure and Built Environment Vol. 1, No. 2, p.�� 2
National Disaster Management Agency, Potential
Disaster Threats, (Online) Available at https://bnpb.go.id/potensi-ancaman-bencana
(15/07/2022)