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All Journal Diponegoro Law Review Legal Protection for the Partnership Agreement Parties
Lego Karjoko
Faculty of Law, Universitas Sebelas Maret
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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PHILOSOPHICAL AND CONSTITUTIONAL CRITIQUE OF THE NEGATIVE PUBLICATION SYSTEM IN INDONESIAN LAND REGISTRATION Abdul Wahid; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko
Diponegoro Law Review Vol 11, No 1 (2026): Diponegoro Law Review April 2026
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.11.1.2026.1-23

Abstract

This study analyzes Indonesia’s land registration system from a constitutional and philosophical perspective, focusing on the persistence of the negative publication system and its implications for legal certainty and social justice. By tracing the colonial genealogy of cadastral administration, the study demonstrates that land registration in Indonesia originated as a fiscal and declaratory instrument serving colonial state interests rather than as a mechanism for guaranteeing definitive land rights. This legacy continues to shape contemporary land administration, where registration records ownership claims without conferring final legal force, thereby institutionalizing systemic legal uncertainty. Using prescriptive doctrinal (normative) legal research, this study examines the 1945 Constitution, the Basic Agrarian Law (UUPA), and the regulatory framework governing land registration, supported by legal and philosophical scholarship. The analysis reveals a normative paradox within Article 19 of the UUPA: although land registration is mandated to ensure legal certainty, the negative publication system leaves land certificates perpetually vulnerable to ex post judicial annulment. As administrative decisions (beschikkingen), certificates possess formal validity but lack material finality, reducing legal certainty to conditional legality. The study further finds that the limited positive elements introduced by Government Regulation No. 24 of 1997, particularly Article 32(2), the principle of openness, and the doctrine of rechtverwerking, function only as conditional safeguards and fail to ensure legal finality in practice. From a constitutional standpoint, this system is incompatible with Articles 28D(1) and 33(3) of the 1945 Constitution and with the Pancasila principle of social justice. The novelty of this research lies in its integrated constitutional philosophical critique, which justifies reconstructing Indonesia’s land registration system toward a positive publication model as a constitutional necessity to restore legal certainty, protect citizens’ land rights, and strengthen public trust in land administration.
PROMOTING EFFECTIVE COMPLIANCE IN CIVIL SERVICE DISPUTE JUDGMENTS: A Cross-Jurisdictional Study Nasrullah Nasrullah; I Gusti Ayu Ketut Rachmi; Lego Karjoko; King Faisal Sulaiman; Nurul Satria Abdi; Muhammad Arya Ansar
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2084

Abstract

Despite the final and binding nature of Administrative Court (PTUN) decisions in Indonesia, their enforcement remains critically low, particularly in civil service disputes. Data indicate that only about 2% of 16,484 PTUN rulings with permanent legal force were voluntarily implemented by administrative officials between 2012 and May 2025. This research employed a normative legal method combined with statutory, case, and comparative approaches to examine the systemic barriers to execution. The findings demonstrated that the ineffectiveness of PTUN decision enforcement arose, in abstracto, from regulatory ambiguity regarding execution mechanisms and institutional authority, and, in concreto, from a low-compliance culture among administrative officials. In contrast, Thailand recorded an execution rate of approximately 92% in civil service disputes, supported by clear coercive powers and contempt-of-court sanctions, while Germany achieved high compliance through integrated legal frameworks and independent supervisory institutions. This study has advocated reforming Indonesia’s PTUN system by granting the Head of the Administrative Court supervisory and enforcement powers and introducing a civil contempt mechanism to enhance compliance, bolster judicial efficacy, and advance administrative justice in judgments on civil service disputes.
Co-Authors Abdul Wahid I Gusti Ayu Ketut Rachmi I Gusti Ayu Ketut Rachmi Handayani King Faisal Sulaiman Muhammad Arya Ansar Nasrullah Nasrullah Nurul Satria Abdi