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Megawati Barthos
Borobudur University, Jakarta, Indonesia

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Reconstruction of the Negative Publication System for Land Registration to Achieve Legal Certainty and Legal Protection for Rights Holders Anggiat Tobing; Megawati Barthos
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5790

Abstract

The land registration publication system plays a crucial role in establishing legal certainty, rights protection, and the stability of land transactions. Indonesia implements a negative publication system with a positive tendency, in which land certificates are recognized as strong evidence but remain open to lawsuits. This situation creates a paradox between the need for legal certainty and the demands of substantive justice, as certificate holders who have legally obtained rights still have the potential to face disputes in court. This study aims to analyze the construction of the land registration publication system in Indonesia, identify problems that affect legal certainty and protection, and formulate a reconstruction model that is more responsive to developments in legal practice and the digitalization of land administration. The research method used is normative juridical with a statutory, conceptual, and comparative legal approach. The analysis is conducted on the national regulatory framework, land law doctrine, and judicial practice, which demonstrates differing interpretations of the evidentiary power of certificates. The results of the study indicate that the main weaknesses lie in the absence of strong state guarantees, regulatory fragmentation, and suboptimal protection for buyers in good faith. The reconstruction of the publication system is aimed at a hybrid model that strengthens positive elements without neglecting corrective mechanisms, the development of a compensation scheme based on state responsibility, and the harmonization of regulations that support the integration of digital land registry systems. A comparative approach to the Torrens system in Australia and continental European registration models provides lessons on the importance of rigorous initial verification, data transparency, and clear assurance mechanisms to increase public trust in the land registration system.
The Role of the Public Prosecutor as Dominus Litis in Filing a Demand for Acquittal (Comparison of the Old and The New KUHAP Criminal Procedure Code) Endang Rahmawati AR; Megawati Barthos
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5832

Abstract

The enactment of Law Number 20 of 2025 concerning the criminal procedure code marks a new milestone in the criminal justice system. It not only strengthens criminal justice as a whole but also has a significant impact on the role of the public prosecutor as dominus litis. The existence of the public prosecutor as dominus litis can be observed in one of their authorities, namely the power to bring cases before the court. Various legal literatures define dominus litis in different ways; however, it can be concluded that scholars generally agree that dominus litis refers to the role of the public prosecutor as the controller of the case. The implementation of the new criminal procedure code reinforces the status of the public prosecutor as the controller of the case, including granting the authority to submit an acquittal demand. This research employs a normative juridical method by linking statutory regulations to analyze legal norms related to the authority of the public prosecutor. In addition, this study utilizes various legal literatures as well as internal prosecutorial regulations to examine the implementation of the dominus litis principle in submitting acquittal charges. The results of the study indicate that the public prosecutor possesses full rights and authority in filing criminal charges, including acquittal charges, derived from the principle of dominus litis. This strengthened role is emphasized in the new criminal procedure code and its implementing regulations, where the public prosecutor functions not only to present indictments but also as the controller of the case who must prioritize objectivity based on facts revealed during trial. As the owner of the case, the public prosecutor bears full responsibility to ensure that the judicial process does not impose punishment on individuals who are not proven guilty. This underscores that the success of prosecution is not measured by the severity of punishment, but by the realization of justice and material truth in line with the spirit of reform in the national criminal procedure law.