JHCLS
Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System

The Principles of Welfare and Justice in Land Registration Regulations

Heru Yudi Kurniawan (Faculty of Law, Universitas Muhammadiyah Pontianak, Pontianak)
Mikrot Siregar (Faculty of Law, Universitas Islam Sultan Agung, Semarang)
Fidelis Harefa (Faculty of Law, Universitas Islam Sultan Agung, Semarang)
Ganesh Deo Gangga (Faculty of Law, Universitas Islam Sultan Agung, Semarang)
Giao Cong Vu (Faculty of Law, Vietnam National University, Hanoi)



Article Info

Publish Date
10 Aug 2026

Abstract

Indonesia's land registration system, which adopts a negative publication system with positive elements, has not fully ensured legal certainty, justice, and public welfare because land certificates may still be annulled through court decisions. This study aims to analyze the deficit of welfare and justice values in Indonesia's land registration regulations, examine the principles of the positive publication system implemented in Germany, Switzerland, and England, and formulate an appropriate regulatory reform model for Indonesia. This research employs a normative legal method using statutory, comparative, and conceptual approaches. The findings reveal that, first, Indonesia's current land registration system has not optimally guaranteed legal certainty, justice, and welfare because land certificates remain subject to cancellation. Second, the positive publication systems in Germany, Switzerland, and England provide stronger legal protection through rigorous verification procedures, state guarantees of registered data, and compensation mechanisms for administrative errors. Third, Indonesia should reform its land registration system by adopting a positive publication system through strengthening the legal framework, improving verification procedures, digitalizing land administration, and reinforcing state responsibility. These reforms are expected to enhance legal certainty, reduce land disputes, and promote justice and public welfare.

Copyrights © 2026






Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...