Land Grants Cancellation and Its Legal Consequences to the Right

Transfer Certificate

Syafruddin Kalo

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

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

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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