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All Journal Unnes Law Journal International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Taufiq, Fida Nabilah
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Challenges Arising from Article 22(2) of Ministerial Regulation ATR/BPN No. 6/2018 on Complete Systematic Land Registration (PTSL) Pertaining to Insufficient or Missing Evidence of Community Land Ownership Taufiq, Fida Nabilah; Masykur, Mohammad Hamidi; Supriyadi, Supriyadi
Unnes Law Journal Vol 9 No 2 (2023): Contemporary Issues on Law and Development: Social, Political and Legal Aspects
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.75274

Abstract

The Complete Systematic Land Registration (PTSL) program's successful implementation hinges on satisfying the physical and juridical data requirements for individual land plots owned by a single person. However, our research highlights disparities between juridical and physical data for specific land plots. Moreover, a lack of community awareness regarding the crucial role of land data collection presents significant challenges in the field. A notable obstacle, as outlined in Article 22(2) of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 6 of 2018, pertains to individuals applying for land registration through the PTSL Program without fulfilling complete requirements or providing proof of land ownership. This non-compliance poses a potential catalyst for disputes during the PTSL land registration process. As of early 2017, Indonesia harbored 126,000,000 land parcels, with only 51,000,000 certified and 79,000,000 awaiting official registration, earmarked for acceleration through PTSL. Our focus on Malang Regency in East Java, spanning an expansive 3,534.86 km² or 353,486 ha, reveals its active participation in the PTSL program. Notably, the region faces a substantial PTSL quota of 55,000 land parcels in 2023, distributed across 19 villages in 5 sub-districts, marking the highest quota in East Java Province. The research also underscores the pressing need for enhanced community awareness and compliance with PTSL requirements, particularly focusing on the potential disputes arising from inadequate documentation during the land registration process.
Analysis of the Implementation of Article 22 Paragraph (2) of ATR/BPN Ministerial Regulation Number 6 of 2018 on Complete Systematic Land Registration (PTSL): Limitations and Challenges in Recording Proof of Community Land Ownership Taufiq, Fida Nabilah; Masykur, M. Hamidi; Supriyadi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 1 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i1.313

Abstract

The problem of incomplete or non-existent land ownership proof among the community has arisen in one of the villages in Sidoarjo Regency. This is rooted in the registration of land through the Comprehensive Systematic Land Registration (PTSL) program by one of the heirs named "A". After the issuance of the certificate, other heirs raised objections regarding land ownership, leading to an unresolved dispute until now. This situation is not in line with the intended purpose of land registration, given that Indonesia has comprehensive regulations governing land matters, including dispute resolution. The persistent delay in resolving the dispute raises questions about whether there is a regulatory mismatch or implementation issues within the PTSL program. This research adopts a socio-legal research method with a socio-legal sociology approach and legal data collection techniques such as interviews, observations, and document analysis conducted at the Sidoarjo Regency ATR/BPN Office. The population includes employees of the ATR/BPN Office in Sidoarjo Regency, with samples selected purposively from the General and Personnel Substantive Group Coordinator or the PTSL Program committee or appointed officials. The research findings will be analyzed using descriptive legal data analysis. The results indicate that the implementation of the PTSL program aligns with existing regulations, despite encountering some obstacles. The identified challenges include disputes related to data forgery, conflicts among heirs, discrepancies in land measurement processes, and land occupation by individuals other than the direct owners. The ATR/BPN Office in Sidoarjo addresses these challenges by mediating disputes before PTSL registration to reach agreements. In cases where no consensus is reached, the registration process is postponed until a resolution is achieved between the parties. Additionally, in post-PTSL certificate issuance disputes, mediation is employed, and if no agreement is reached, the category may be downgraded from K2 to K1, or legal proceedings may be pursued to determine rightful ownership of the land parcel.
Co-Authors M. Hamidi Masykur, M. Hamidi Masykur, Mohammad Hamidi Supriyadi Supriyadi Supriyadi