Juridical Implications of Land Certification in the Framework of Legal Protection of Community Land Ownership

Abstract

In the Indonesian context, reconstruction of the legal politics for the land certification system has as its main goal the achievement of welfare (welfare of the state) for all people based on the principle of legal certainty and guaranteed protection (legal protection) for ownership of the land used by the people. The Act of Law Number 5 of 1960 emphasizes a land registration system that must have national land certification based on the Preamble of the 1945 Constitution of the Republic of Indonesia, IV Paragraph, and Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The legal substance of land registration adheres to the open publication system, but it still needs to be formed in order to provide more certainty, benefit, and fairness as part of the renewal of the national legal system by looking at the structure of law, law (the substance of the law), and legal culture. Preventive legal protection for landowners in the land certification system is obtained from buying and selling underhandedly in the village, namely, the government issues regulations accompanied by criminal threats, so it is an act that scares both landowners and officials related to the land ownership community, namely, Act of Law Number 224 of 1961. Repressive legal protection against landowners for land ownership can be pursued through non-litigation channels in the form of compensation for damages in the register, namely immediate indefeasible and deferred indefeasible.