Land Grants Cancellation and Its Legal Consequences to the Right
Transfer Certificate
Syafruddin Kalo
1
1
Lecturer at Doctoral Program in Law University of Sumatera Utara, Jl.Abdul Hakim No.40, Medan, Indonesia
Keywords: Land, Rights, Registration, Certificate, Government
Abstract: The purpose of this study was to determine the application of laws and regulation in relation to the
registration of land right stipulated in the Basic Agrarian Law Number 5 of 1960 and related regulations.
Based on experience and data obtained from conflicts with a background of land problems, there are many
occurrences in various regions in Indonesia and not a few take lives. There are many problems related to
land in Indonesia, some of which are related to overlapping land ownership, the existence of double land
certificates, the problem of difficulty in managing land certificates and others. In order to overcome these
problems, one of the main facilities used in restructuring the use and ownership of this land is through the
land registration process. Therefore only by holding land registration in a comprehensive and complete
manner will it be easy to arrange how the ownership, use and ownership of land in Indonesia. But in reality
there are various factors that have caused difficulties in carrying out land registration. Therefore the results
of this study will provide a legal review of the effectiveness of registering land rights.
1 INTRODUCTION
One of the main objectives of the enactment of
Law Number 5 of 1960 concerning Basic
Regulation on Agrarian Principles (UUPA) is to
realize legal certainty regarding the rights to
land for all Indonesian people. There are two
efforts to realize the legal certainty, namely :
Providing written, complete and clear
legal instruments.
Organizing land registration that allows
land rights holders to prove land rights
under their control and for the
government to implement land policies.
Land registration is regulated in Article 19 of
the UUPA, namely Article 29 paragraph (2)
includes :
Measurement of land mapping and
bookkeeping.
Registration of land rights and transfer of
rights.
Provision of proof of rights, which acts
as a strong evidentiary tool.
Provision concerning land registration
further regulated in Government Regulation
Number 10 of 1961 concerning Land
Registration (PP 10/1961). This law is deemed
unable to provide satisfactory results so that it
needs to be refined and replaced by
Government Regulation Number 24 of 1997
concerning Land Registration. The
implementation provisions of the Government
Regulation are contained in the Regulation of
the Minister of Agrarian Affairs / Head of BPN
Number 3 of 1997.
Land rights as stipulated in Article 16
paragraph (1) of the UUPA consist of
Ownership Rights, Right to Build, Right to Use,
and Right to Use, which authorize the rights
holders (both individuals, groups of people
together or bodies law) to use in the sense of
mastering, using and or taking advantage of
certain parcels of land.
Basically all land rights can be transferred or
transferred, switching is the transfer of land
rights due to law, by itself there is no legal
action that is deliberate to transfer the rights to
other parties. The transfer of land rights occurs
1678
Kalo, S.
Land Grants Cancellation and Its Legal Consequences to the Right Transfer Certificate.
DOI: 10.5220/0010094616781683
In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramification Researches (ICOSTEERR 2018) - Research in Industry 4.0, pages
1678-1683
ISBN: 978-989-758-449-7
Copyright
c
2020 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
because of inheritance. Whereas the transfer
means that the transfer of the land rights to
another party is due to deliberate legal actions
so that the rights to the land are transferred to
other parties, such as buying and selling, grants
etc. The transfer of land rights due to a legal act
is carried out by deed of transfer of land rights
made by the Land Deed Making Officer. The
importance of making a deed of transfer of
rights to the land under the PPAT relating to
registration is done to obtain a guarantee of
legal certainty and guarantee the certainty of
land rights certificate of land rights in the form
of a certificate of land rights that serves as a
strong evidentiary tool for ownership of land
rights.
Based on experience and data obtained from
conflicts with a background of land problems,
there are very many occurrences in various
regions in Indonesia, and not a few take lives.
There are many problems related to land in
Indonesia, some of which are related to
overlapping land ownership, the existence of
double land certificates, the problem of
difficulty in managing land certificates and
others. based on the backgrounds that
elaborated above, the problem of this study is
formulated in the following questions : how is
the implementation and the application of land
registration in Medan City ?
2 RESEARCH METHODOLOGY
This research is a descriptive analytic research.
A descriptive analytic research is expected to
reveal detailed and systematic description of the
problem. In addition, analytic means a careful
analysis in answering the problems is based on
the facts.
This research is expected to provide
explanations (i) whether the court’s decision is
appropriate and in accordance with the system
of land registration in Indonesia; (ii) whether
the procedure of canceling a certificate by the
National Land Agency is corresponding to the
prevailing laws and regulations; and (iii) how a
legal certainty is given to the grant-based
certificate that can, therefore, explain the legal
consequences of the cancellation over the grant-
based certificate to the legitimaris (legitimate
off springs).
3 RESULT AND DISCUSSION
Implementation and Application of Land
Registration in Medan city in order to
accelerate the registration of rights to land in
the Medan City, The National Law Agency of
Medan City Land Office has issued the
following letter from the Head of Land Affairs
Office of Medan.
Decree of Head Medan Land Office
Number : 32/KEP-12.71/I/2017 Concerning
Determination of Location for Acceleration of
Complete Systematic Land Registration 2017
Budget Year, Head Land Office of Medan, with
consideration points :
a. that in the framework of providing a
guarantee of legal certainty and legal
protection of the rights to people's land
in a just and equitable manner, as well
as encouraging the country's economic
growth in general and the people's
economy, in particular, it is necessary
to accelerate complete land registration
throughout the Republic of Indonesia.
b. That in order to carry out the complete
land registration as referred to in letter
"a", it is necessary to determine the
location of the village / kelurahan
which is adjusted to the availability of
available funds and the legal ones in
accordance with [the legislation.
c. That based on the consideration as
referred to in letters a and b, it is
necessary to stipulate a Decree of the
Head of Land Office of Medan
concerning the Arrangement.
Based on the consideration above, it was
decided that the Decree which regarding the
Appointment of Implementing Officers for the
Acceleration of Full Systematic Land
Registration in 2017.
Land Grants Cancellation and Its Legal Consequences to the Right Transfer Certificate
1679
Appoint the name, NIP as listed in Column
Number 2 (two), Ranks as stated in column
Number 3 (three) and position as stated in
column Number 4 (four) in addition to their
daily duties, appointed also as executing Officer
for Sub-District at Medan Land Office, as stated
in column number 5(five) in the attachment to
this Decree for 2017 fiscal year.
Decree of The Head of Medan Land
Office Number : 338/KEP-12.71/IV/2017
concerning the Determination of Complete
Systematic Land Registration Participants in the
National Land Management Program Land
Management Activities in Medan Land Office
Fiscal year 2017, in the Consideration Points :
a. That in the framework of providing a fair
and equitable guarantee of legal
certainty and legal protection for
people`s land, and encouraging the
country`s economic growth in general
and the people`s economy in particular,
it is necessary to accelerate complete
land registration throughout the
territory of Republic of Indonesia.
b. That in order to carry out complete land
registration as referred to in letter a, it
is necessary to stipulate a Complete
Systematic Land Registration
Participants (PTSL) by Decree of the
Head of Office.
Decide and stipulate, the Decree of the
Head of Medan Land Office concerning the
establishment of Complete Systematic Land
Registration Participants in the National Land
Management Program Land Management
Activities in Medan Land Office Fiscal year
2017.
Appoints as many as 700 (Seven Hundred)
people as stated in column number 2 (two),
location of land Sub-District and village as
stated in column number 3 (three), as well as
land Areas listed in column number 4 (four), as
participants of the program legalization
National Land Management Land Management
Activities at the Medan Land Office in the
attachment to this Decree.
Where as c based on the considerations as
referred to in letter a and letter b, it is necessary
to stipulate the Decree of the Head of The
Medan Land Office concerning the
arrangement.
Based on the consideration above, it was
decided that the Decree of The Head of Medan
Land Office regarding the Appointment of
Implementing Officers for the Acceleration of
Full Systematic Land Registration in 2017.
Appoint the name, NIP as listed in column
number 2 (two), Rank as stated in Column
Number 3 (three) and position as stated in
column Number 4 (four) in addition to their
daily duties, appointed also as executing Officer
for Sub-District at Medan Land Office, as stated
in column number 5(five) in the attachment to
this Decree for 2017 fiscal year.
Decree of The Head of Medan Land
Office Number 562/KEP-12.71/VI/2017
concerning the Delegation of The Authority to
Complete Systematic Land Registration
Activities at the Medan Land Office, with
Consideration Points are as follow :
a. That in the framework of implementing
the regulation n of minister of Agrarian
and Spatial Planning/ Head of The
national Law Agency No.1 of the year
2017 concerning Amendments to the
Regulation of The Minister of Agrarian
and Spatial Planning/ Head of The
National Land Agency Number 35 of
the year 2016 concerning Acceleration
of Complete Systematic Land
Registration.
b. That article 14 paragraph 1 of the
Regulation of The Minister of Agrarian
and Spatial Planning / Head of the
National Land Agency Number 1 of
2017 concerning Registration on the
Regulation of the Minister of Agrarian
and Spatial Planning / Head of the
National Land Agency Number 35 of
2016 concerning Acceleration of
Complete Systematic Land Registration
implies that the Land Chief can bestow
authority to sign the certificate to the
Chairperson of the Implementation
Acceleration Adjudication Committee
to be submitted to the rightful person.
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c. That based on the Considerations as
referred to in letters a and b above, then
for orderly administration in its
implementation it is necessary to
stipulate a Decree of the Head of
Medan City Land Office concerning the
Delegation of Authority for Activities
of Complete Systematic Land
Registration at the Medan City Land
Office.
Decide and determines, grants authority
to the chairperson of the Complete Systematic
Land Registration Adjudication Committee of
Medan Land Office in Complete Systematic
Land Registration Implementation for :
a. Sign Decree on Granting Rights, Land
Books and Land Rights Certificates
which are the authority of the head of
Medan Land Office;
b. Signing Announcement and Approval of
Announcement of Physical Data and
Juridical Data on Land Registration for
the First Time, Recognition/
Confirmation of Rights.
Decree of the Head Medan Land Office
as stated above, based on the Legislation as
follows :
1. Law Number 5 of the year 1960
concerning Basic Agrarian Basic
Regulations (state Gazette of 1960
Number 104, Supplement to the state
Gazette of the Republic of Indonesia
Number 2043);
2. Law Number 39 of 2008 concerning
State Ministries (State Gazette of the
Republic of Indonesia of 2008 Number
166, Supplement to the State Gazette of
the Republic of Indonesia Number
4916).
3. Law Number 25 Year 2009 concerning
Public Services (State Gazette of the
Republic of Indonesia Year 2009
Number 112, Supplement to the State
Gazette of the Republic of Indonesia
Year 2009 Number 5038).
4. Law Number 2 of 2012 concerning the
Procurement of Land for Development
in the Public Interest (State Gazette of
the Republic of Indonesia Number
5280 of 2012).
5. Law Number 30 Year 2014 concerning
Government Administration (State
Gazette of the Republic of Indonesia
Year 2014 Number 292, Supplement to
the State Gazette of the Republic of
Indonesia Year 2014 Number 5601).
6. Government Regulation Number 40 of
1996 concerning Right to Cultivate,
Right to Build and Right to Use of
Land (State Gazette of the Republic of
Indonesia Number 3643).
7. Government Regulation Number 24 of
1997 concerning Land Registration
(State Gazette of the Republic of
Indonesia Number 59 of 1997,
Supplement to the State Gazette of the
Republic of Indonesia of 1997 Number
3696).
8. Presidential Regulation Number 17 of
2015 concerning the Ministry of
Agrarian Affairs and Spatial Planning
(State Gazette of the Republic of
Indonesia of 2015 Number 18).
9. Presidential Regulation Number 20 of
2015 concerning the National Land
Agency (State Gazette of the Republic
of Indonesia of 2015 Number. 21).
10. Regulation of the State Minister of
Agrarian Affairs / Head of the National
Land Agency Number 3 of 1997
concerning Implementation Provisions
of Government Regulation Number 24
of 1997 concerning Land Registration
as amended by Regulation of the Head
of the National Land Agency Number 8
of 2012 concerning Amendments to the
Regulation of the Minister of Agrarian
Affairs / Head of Agency National
Land Number 3 of 1997 concerning
Provisions for Implementing
Government Regulation Number 24 of
1997 concerning Land Registration.
11. Regulation of the Minister of Agrarian
Affairs / Head of the National Land
Agency Number 9 of 1999 concerning
Procedures for Granting and
Land Grants Cancellation and Its Legal Consequences to the Right Transfer Certificate
1681
Cancellation of State Land Rights and
Management Rights.
12. Regulation of the Minister of Agrarian
and Spatial Planning / Head of the
National Land Agency Number 33 of
2016 concerning Licensed Cadaster
Surveyor (State Gazette of the Republic
of Indonesia Year 2016 Number 32).
13. Regulation of the Minister of Agrarian
Affairs / Head of the National Land
Agency Number 35 of 2016 concerning
Acceleration of Complete Systematic
Land Registration (State Gazette of the
Republic of Indonesia Number 35 of
2016).
4 CONCLUSIONS
There are laws and regulations concerning land
registration based on Law Number 5 of 1960
concerning Basic Regulations on Agrarian
Principles, Regulation of the State Minister of
Agrarian Affairs / Head of the National Land
Agency Number 3 of 1997 concerning Land
Registration as amended by the Chief
Regulation National Land Agency Number 8 of
2012 concerning Amendments to the
Regulation of the Minister of Agrarian Affairs /
Head of the National Land Agency Number 3
of 1997 concerning Implementation Provisions
of Government Regulation Number 24 of 1997
concerning Land Registration.
The description of the legislation, the
National Land Office of the Medan City Land
Office, has issued several Decisions including:
Decree of the Head of the Medan City Land
Office Nomlor: 39 / KEOP-12.71 / I / 2017
concerning the Appointment of
Implementing Officers for the Acceleration
of Complete Systematic Land Registration
for 2017 Budget.
Decree of the Head of Medan City Land
Office Number: 338 / KEP-12.71 / IV /
2017 concerning the Establishment of
Complete Systematic Land Registration
Participants in the National Land
Management Program for Land
Management Activities in Medan City Land
Office for Fiscal Year 2017.
Decree of the Head of Medan City Land
Office Number: 561 / KEP-12.71 / VI /
2017 concerning Changes in the Structure
of Adjudication Committee for the
Acceleration of Physical Task Units and
Juridical Task Force for Implementation of
Complete Systematic Land Registration:
Belawan Sicanang Village Medan District
Belawan City Medan City Budget Year
2017.
Decree of the Head of Medan City Land
Office Number: 562 / KEP-12.71 / VI /
2017 concerning the Completion of the
Authority of Complete Systematic Land
Registration Activities in the Medan City
Land Office.
The purpose of the regulation is that in order
to guarantee legal certainty and legal protection
of people's land rights in a just and equitable
manner, and to reduce the country's economic
growth in general and the people's economy in
particular, it is necessary to accelerate complete
land registration throughout the Republic of
Indonesia. one of them in Medan City.
As a suggestion, in order to effectively
register land rights, a complete systematic land
registration program is very beneficial for the
community, therefore this program can run
every Budget Year, because certificates issued
by the Government are only given to:
The community cannot afford it.
Communities included in the Simple
Housing Sector Program.
Legal entities engaged in religious and
social fields that use their land for worship,
Islamic boarding schools, orphanages,
nursing homes, cultural heritage sites /
pilgrimage sites.
Veterans, retired civil servants, retired
military officers, retired PLRI and husband /
wife / widow / widower of veterans / retired
civil servants / retired military / retired police
officers.
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ACKNOWLEDGEMENTS
The research was funded by the Directorate
of Research and Community Service of the
Directorate General for Research and
Development of the Ministry of Research,
Technology and Higher Education in
accordance with the Funding Research and
Community Service Agreement for the Fiscal
Year 2018.
REFERENCES
Harsono B, 2008. Indonesian Agrarian Law History of
Formation Basic Agrarian Law, its Content and
Impementation, Jakarta : Djambatan.
Kalo S,2018. Legal Aspects and Implication for Land
Registration and Issuance of Land Rights Certificate
Medan : Dokumen Hukum.
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