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All Journal Influence: International Journal of Science Review Siber International Journal of Advanced Law
Albertus Sentot Sudarwanto
Universitas Sebelas Maret, Surakarta, Indonesia
Humanities Computer Science & IT Economics, Econometrics & Finance Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Obligation to be Registered as Participant of National Health Insurance in Land Registration from Sale and Purchase from State Responsibilities Perspective Cicilia Mirnasari Putri; Albertus Sentot Sudarwanto
INFLUENCE: INTERNATIONAL JOURNAL OF SCIENCE REVIEW Vol. 4 No. 2 (2022): INFLUENCE: International Journal of Science Review
Publisher : Global Writing Academica Researching and Publishing

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Abstract

The right to health is one of the human rights guaranteed by the 1945 Constitution of the Republic of Indonesia and is a state responsibility that must be fulfilled. One manifestation of the implementation of these rights is to organize the National Health Insurance program. However, current facts and data show that participants from the National Health Insurance have not reached 100%, so to achieve this the government issued Presidential Instruction Number 1 of 2022, one of which requires applicants to register for the transfer of land rights because the sale and purchase is an active participant in the Health Insurance program. National. The author considers the government's policy through the Presidential Instruction to be wrong based on theories related to state responsibility, laws related to buying and selling land in Indonesia, and the concept of state control over land in Indonesia. In the end, the author analyzes that this policy will actually be contradictory to other governments, namely all land in Indonesia must have a certificate for the realization of legal certainty over land throughout Indonesia.
Legal Certainty and Legal Protection for Holders of Certificates of Ownership: An Analysis of Judgment No. 3/Pdt.G/2020/PN.Atb and Judgment No. 2174 K/Pdt/2021 Adhitya Kusuma Wardhana; Albertus Sentot Sudarwanto; Jadmiko Anom Husodo
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 2 (2026): Siber International Journal of Advanced Law (October - December 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i2.448

Abstract

This study analyzes the legal implications of Article 32(2) of Government Regulation No. 24 of 1997 on Land Registration regarding legal certainty and protection for holders of Certificates of Ownership. Using a normative legal research method with a statutory approach, a case-based approach, and a conceptual approach, this study examines the legal reasoning (ratio decidendi) in the Atambua District Court Decision No. 3/Pdt.G/2020/PN.Atb and the Supreme Court’s judicial review No. 2174 K/Pdt/2021. The analysis is conducted through three main theoretical pillars: the Theory of Judicial Rationale (Ratio Decidendi), Gustav Radbruch’s Theory of Legal Certainty, and Rudolf von Jhering’s Theory of Legal Protection. The research findings indicate that the first-instance court’s setting aside of the 5-year time limit was based on the protection of customary land rights and the identification of procedural defects; however, this departure from the rule undermined formal legal certainty (rechtssicherheit). Conversely, the Supreme Court restored stability in land registration by affirming the strong probative force (stark bewijskracht) of the evidence and the guarantee of protection for bona fide purchasers in accordance with SEMA No. 1 of 2017.
Co-Authors Adhitya Kusuma Wardhana Cicilia Mirnasari Putri Jadmiko Anom Husodo