Sistem Pendaftaran Tanah di Indonesia

Summary

This video script discusses the land registration system, beginning with the legal principles that underpin it. It explains the differences between 'Nemo + Yuris' and 'good faith' principles, and delves into two types of publicity systems: negative and positive. The script compares these systems, highlighting their advantages and disadvantages, and touches on the land registration practices in Indonesia, which currently uses a negative publicity system with a tendency towards positive. It also outlines the future roadmap for land registration in Indonesia, aiming for a positive system with insurance to mitigate land dispute losses by 2025.

Takeaways

• 📜 The script discusses the land registration system, explaining its origins and development based on legal principles.
• 🏛 Two foundational legal principles are identified: 'Nemo + Yuris' to protect rightful owners from unauthorized actions by others, and 'good faith' to protect those who acquire rights in good faith.
• 📋 The script differentiates between two types of public registries: one with legal force (positive system) and one without (negative system), with 'good faith' aligning with the former.
• 📉 In the negative system, registration does not guarantee the legitimacy of the rights holder, and the 'Nemo + Yuris' principle applies, allowing the rightful owner to reclaim rights.
• 📈 The negative system's downside is the lack of government guarantee over the accuracy of the public registry, while its advantage is the ease of transferring rights due to formal verification.
• 🌐 The negative system is used in countries like France, Belgium, the Netherlands, and Italy, with others possibly included.
• 📘 The positive system ensures the government's guarantee of the registered data's accuracy, requiring thorough examination before registration.
• 🏢 The positive system, while not perfectly implemented in any country, provides a higher level of legal certainty for those registered as rightful owners.
• 📊 The positive system's weakness is the potential for the rightful owner to lose their rights if someone else registers in their name without proper rights.
• 📝 The script mentions the 'registration of title' or 'registration of death' as methods within the negative and positive systems, respectively.
• 🗺️ The Indonesian land registration system currently uses a negative system with a tendency towards a positive system, aiming to improve the accuracy and legal certainty of land titles.

Q & A

What is the main topic of the video script?

The main topic of the video script is the explanation of the land registration system, including the principles and types of registration systems.

What are the two legal principles mentioned in the script related to land registration?

The two legal principles mentioned are 'Nemo + Yuris', which aims to protect the true holder of a right against actions by others to alienate their rights without their knowledge, and 'good faith', which aims to protect a person who has obtained a right in good faith from the rightful holder.

What is the difference between a 'positive' and a 'negative' registration system in the context of land registration?

A 'negative' registration system does not guarantee the truthfulness of the public records, while a 'positive' registration system ensures the accuracy of the data registered, with the government guaranteeing the truthfulness of the registered information.

What does the term 'publisitas' refer to in the script?

'Publisitas' in the script refers to the system of publicizing land registration, which can be divided into two types: one with legal force (positive) and one without legal force (negative).

What are the advantages of a negative registration system?

The advantages of a negative registration system include the smooth process of land transfer registration due to formal verification, and the fact that the registration of a right in the name of someone who is not entitled does not harm the actual right holder.

What are the disadvantages of a positive registration system?

The disadvantages of a positive registration system include the long process time due to active and meticulous material verification, and the potential loss of rights for the actual landowner if the registration is delayed.

Which countries are mentioned in the script as examples of using a negative registration system?

France, Belgium, the Netherlands, Italy, and other countries are mentioned as examples of using a negative registration system.

Which countries are mentioned as examples of using a positive registration system?

Germany, Sweden, Spain, Tunisia, Austria, Switzerland, and Australia are mentioned as examples of using a positive registration system.

What is the 'system torrents' mentioned in the script, and where does the term originate from?

The 'system torrents' is a positive publication system known for its origin in South Australia, named after its inventor, Robert Richard Torrens, who established the land registration system in 1858.

What are the three criteria for the security guarantee of registered land in a positive registration system?

The three criteria for the security guarantee are: the registered property in the property register, the ownership or proprietorship in the proprietorship register, and the existing rights in the register.

What is the current land registration system used in Indonesia, and what are its shortcomings?

Indonesia currently uses a negative registration system, which does not guarantee the accuracy of the data presented. The shortcomings include the lack of government guarantee for the truthfulness of the public records and the absence of compensation for parties who suffer losses due to land disputes or registration errors.

What are the future projections for the land registration system in Indonesia until 2025?

The future projections include registering all land, implementing a positive system with land insurance to cover losses due to land disputes, enhancing SDM (manpower) standards, modernizing service offices, increasing state revenue, and reducing land disputes.