Measuring The Effectiveness of The Land Registration System As An Instrument of Legal Certainty of Land Rights In Indonesia: Literature Study

Abstract

This study evaluates the normative effectiveness of Indonesia's land registration system in actualizing legal certainty, examining the transition of administrative regulations and the digitalization of land registries. Employing a doctrinal legal research methodology with statutory and conceptual approaches, this study analyzes the regulatory hierarchy from the Basic Agrarian Law (UUPA) to Government Regulation Number 18 of 2021 and the dogmatic transformation toward electronic certificates. The findings indicate that the current normative framework performs highly effectively in guaranteeing the legal certainty of the subjects and objects of property rights. The monumental success of the Complete Systematic Land Registration (PTSL) program, coupled with the statutory degradation of classic evidentiary documents into mere preliminary evidence, has effectively severed the chain of legal pluralism in evidentiary law. Nevertheless, this implementation continues to encounter dogmatic impediments and persistent structural issues, notably overlapping certificates stemming from historical administrative defects and the pervasive threat of land mafias. Consequently, the efficacy of Indonesia's negative-leaning-positive publication system cannot rely solely on statutory consistency. It necessitates an integrated approach to dispute resolution, combining preventive mediation with repressive, cross-institutional law enforcement to safeguard civil legalities and ensure the stability of the national agrarian spatial order.