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Ardiansyah, M. Filusi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Land Rights Holders in The Context of Land Registration in Indonesia Ardiansyah, M. Filusi; Darwati
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.703

Abstract

Land registration is commonly regarded as a central instrument for achieving legal certainty in land administration. Through registration, land rights are formally recorded and recognized by the state, providing an administrative framework intended to prevent disputes and to clarify ownership and control over land. In practice, however, an excessive emphasis on administrative registration may narrow the scope of legal protection by equating protection solely with registration status. This approach risks marginalizing land rights that arise from substantive legal relations existing prior to, or outside of, formal registration procedures. In the Indonesian context, land rights may originate from various sources, including long-standing possession, contractual arrangements, inheritance, and recognition under customary law. These rights often develop through social and legal processes that are not immediately reflected in administrative records. When legal protection is defined primarily through registration, the protective function of land law may shift from safeguarding legitimate rights to enforcing procedural compliance. This situation creates tension between legal certainty as an administrative objective and substantive justice as a normative principle. This article examines legal protection for land rights holders within the context of Indonesia’s land registration system by analyzing the relationship between administrative procedures and substantive land rights. Using a normative juridical research method, the study evaluates statutory regulations, legal doctrines, and judicial approaches to assess whether land registration adequately fulfills its protective function. The analysis demonstrates that legal protection should not be confined to registered land alone, but must extend to substantively valid rights that exist beyond formal records. The article argues for a balanced approach in which land registration operates as an administrative instrument that strengthens, rather than restricts, the protection of land rights holders, thereby ensuring that legal certainty and substantive justice are harmonized within Indonesia’s agrarian legal framework.
Legal Protection for Land Rights Holders Beyond Administrative Registration: Re-Examining The Declarative Function of Land Registration in Indonesia Ardiansyah, M. Filusi; Darwati
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.704

Abstract

Land registration has long been positioned as a central mechanism for achieving legal certainty within land administration systems. In Indonesia, registration is formally designed to function as a declarative mechanism that records and publicizes existing land rights, thereby supporting administrative order and evidentiary clarity. Nevertheless, in legal practice, land registration is increasingly treated as a decisive factor that determines the existence and enforceability of land rights. This shift reflects a tendency to equate legal protection with administrative registration status, rather than with the substantive legitimacy of land relations. This article examines legal protection for land rights holders beyond administrative registration by re-examining the declarative function of land registration in Indonesia. Using a normative juridical research method, the study analyzes statutory regulations, legal doctrines, and judicial reasoning to assess how far registration has departed from its intended evidentiary role. The analysis demonstrates that substantive land rights may arise independently of registration through possession, contractual relations, inheritance, and recognition under customary law. When registration is elevated to a quasi-constitutive status, these rights risk marginalization despite their legal legitimacy. The article argues that effective legal protection requires a clear distinction between the existence of land rights and the administrative mechanisms used to evidence them. Land registration should operate as a supportive instrument that strengthens legal certainty without excluding substantively valid rights. By reaffirming the declarative function of registration, Indonesia’s land administration system can better harmonize administrative certainty with substantive justice and ensure more inclusive protection for land rights holders.
Judicial Interpretation of Land Registration and Legal Protection in Indonesia Between Administrative Evidence and Substantive Justice Ardiansyah, M. Filusi; Santiago, Faisal
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.705

Abstract

Land registration plays a central role in Indonesia’s land administration system and is widely regarded as a primary instrument for achieving legal certainty. In judicial practice, however, land registration does not function merely as an administrative record but also as a crucial element in evidentiary assessment during land dispute resolution. Courts are frequently required to interpret the legal status of registered land certificates in relation to substantive land rights that may arise from possession, inheritance, contractual relations, or customary law, placing judicial interpretation at the intersection between administrative certainty and substantive justice. This article examines how Indonesian courts interpret land registration within the broader framework of legal protection for land rights holders. Using a normative juridical research method, the study analyzes statutory regulations governing land registration, legal doctrines concerning declarative and constitutive registration systems, and selected judicial decisions in land dispute cases. The analysis focuses on the manner in which judges balance the evidentiary value of land certificates with proof of substantive land relations. The findings demonstrate that Indonesian courts do not consistently treat land registration as absolute or conclusive proof of rights. While land certificates are generally regarded as strong administrative evidence, judicial reasoning often allows for recognition of substantively valid rights that predate or exist independently of registration. This approach reflects an implicit acknowledgment of the declarative nature of land registration, even when administrative practice tends toward formalism. The article argues that judicial interpretation plays a decisive role in preserving the protective function of land law by preventing administrative formalism from overriding substantive justice. Strengthening this interpretative approach is essential to ensure that land registration supports legal certainty without marginalizing legitimate land rights within Indonesia’s pluralistic agrarian legal framework.
Co-Authors Darwati Faisal Santiago, Faisal