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The Impact of the Implementation of Complete Systematic Land Registration on Legal Certainty in the Registration of Land Ownership Rights in Indonesia Krismantoro, Damianus; Hutapea, Maria; Joe, Christian
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1241

The establishment of legal certainty is one of the goals of land registration. Both Article 19 of the UUPA and Article 3 of Government Regulation No. 24 of 1997 on Land Registration support this. Both methodical and haphazard land registration may lead to legal certainty in the form of certificates. Initiated in 2016, the Complete Systematic Land Registration Program is still running. The Impact of Complete Systematic Land Registration Implementation on Legal Certainty in the Registration of Property Rights in Indonesia is the title of this study. The purpose of this study is to look at how Complete Systematic Land Registration could affect Indonesia's property rights registration system's legal certainty. Normative legal research employing secondary data is what this work does. According to a 2024 study, the National Land Agency, the government, saw both good and negative effects from the implementation of Complete Systematic Land Registration, in addition to benefits for participating landowners.

Implementation of Improvement of Building Rights into Land Ownership Rights and its Obstacles in Indonesia Krismantoro, Damianus; Hutapea, Maria; Joe, Christian
West Science Law and Human Rights Vol. 3 No. 02 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i02.1824

Building Rights Title (HGB) which has expired according to the legislation will return to the original legal status of the land rights, namely returning to state land, management rights or individuals. The problem in this study is how the implementation of an increase from Building Rights Title to Land Ownership Rights in Indonesia, and what obstacles arise in increasing land rights. The research method used is normative juridical. The data source used is secondary data. The data collection method is done by means of literature study. Data processing is done by descriptive analytical method. Land with HGB status can be upgraded to Property Rights by applying for an increase in rights. However, in reality not all HGB can be upgraded to Property Rights. HGB that is on the land of a person's property rights and land management rights can not be upgraded to Property Rights. In addition, HGB that is encumbered with a mortgage cannot be upgraded to Hak Milik as long as the debt has not been repaid.

Land Consolidation as One of The Solutions in Providing Green Open Space in Urban Areas in Indonesia Hutapea, Maria; Krismantoro, Damianus; Fransiska, Eudia Viona
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.1888

The increasing price of land in urban areas makes it difficult for the government to provide land for the development of Green Open Space. Land Consolidation is a land policy regarding the reorganization of land tenure and use as well as to improve environmental quality and maintenance of natural resources by involving active community participation. In this case, the government does not need to provide compensation that requires very large funds because the principle used in Land Consolidation is to build without displacement. Land Donation for Development which will be used for public and social facilities and green open spaces. This research aims to find out how the implementation of Land Consolidation in Indonesia as one of the solutions in the provision of land to provide land for the purposes of green open space development and the obstacles faced and their resolution. The research method used is normative juridical method. The data source used is secondary data. The method of data collection is done by means of literature study. Data processing is done by descriptive analytical method. Based on the existing fact that the implementation of Land Consolidation in Indonesia, especially to provide for the development of Green Open Space in urban areas, is often constrained, given the high price of land in urban areas. Therefore, the existence of Land Consolidation can be used as one of the ways to obtain land for the development of Green Open Space in urban areas in Indonesia.

The Impact of the Implementation of Complete Systematic Land Registration on Legal Certainty in the Registration of Land Ownership Rights in Indonesia Krismantoro, Damianus; Hutapea, Maria; Joe, Christian
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1241

The establishment of legal certainty is one of the goals of land registration. Both Article 19 of the UUPA and Article 3 of Government Regulation No. 24 of 1997 on Land Registration support this. Both methodical and haphazard land registration may lead to legal certainty in the form of certificates. Initiated in 2016, the Complete Systematic Land Registration Program is still running. The Impact of Complete Systematic Land Registration Implementation on Legal Certainty in the Registration of Property Rights in Indonesia is the title of this study. The purpose of this study is to look at how Complete Systematic Land Registration could affect Indonesia's property rights registration system's legal certainty. Normative legal research employing secondary data is what this work does. According to a 2024 study, the National Land Agency, the government, saw both good and negative effects from the implementation of Complete Systematic Land Registration, in addition to benefits for participating landowners.

Evaluating the Justice Framework in Land Acquisition: Legal and Policy Review of Government Regulation No. 39/2023 in Indonesia Krismantoro, Damianus
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.46675

Land acquisition for public interest is a strategic instrument in Indonesia’s national development agenda, yet it continues to generate legal, social, and human rights controversies. Previous studies tend to focus on procedural or administrative aspects, often overlooking normative justice, institutional coherence, and comparative legal perspectives. This study seeks to fill that gap by critically analyzing Government Regulation No. 39 of 2023 as a revision of Government Regulation No. 19 of 2021, focusing on its consistency with the principles of justice, the constitutional hierarchy of laws, and the broader goals of agrarian reform. Using a qualitative-descriptive method based on normative legal research, this article examines key legal instruments such as Law No. 2 of 2012, the Job Creation Law (Law No. 6 of 2023), and the Basic Agrarian Law (Law No. 5 of 1960). It integrates normative, institutional, and comparative frameworks to evaluate the role of the Land Bank Institution, the transparency of compensation mechanisms, and the degree of public participation. The article also assesses whether Government Regulation 39/2023 aligns with the redistributive spirit of agrarian reform and safeguards against potential human rights violations. Findings suggest that while the regulation introduces improvements in procedural structure and institutional roles, it remains limited in addressing structural injustices, particularly in relation to forced displacement, customary land claims, and access to legal remedies. This article offers a novel contribution by bridging doctrinal analysis with critical human rights perspectives and international comparisons, emphasizing the need for a justice-oriented reform in land acquisition policy.

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