<![CDATA[This study analyzes the philosophical, theoretical, and constitutional rationality of Indonesia’s land registration system, which adopts a negative publication system with positive elements to ensure legal certainty over land rights. Normatively, the system is based on Article 19 of the Basic Agrarian Law and implemented through Government Regulation No. 24 of 1997 and Government Regulation No. 18 of 2021, under which certificates function as strong but non-absolute evidence and may still be annulled through judicial mechanisms. This indicates that the resulting legal certainty remains limited. Philosophically, referring to Gustav Radbruch’s theory of legal values, law must balance legal certainty, justice, and utility; however, this balance has not been fully achieved because of the absence of the indefeasibility of title principle. Constitutionally, Constitutional Court Decision No. 001-021-022/PUU-I/2003 and Constitutional Court Decision No. 35/PUU-X/2012 affirm the state’s obligation to ensure public welfare and protect rights. The absence of title finality reveals a gap between norms and practice, qualifying the system as a systemic failure that requires reconstruction toward a positive publication system based on limited indefeasibility of title, alongside institutional reform and land data digitalization.]]>
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