Land registration is commonly referred to as a cadastre or cadastral system. According to Rudolf Hemanses, cadastre is defined as the registration or recording of land parcels in official registers based on careful measurement and accurate mapping of such parcels. In its development, nearly all countries around the world have implemented cadastral systems, as reflected by the widespread use of the term cadastre in various languages. The implementation of cadastral systems is adapted to specific objectives.
Based on its purpose, land registration may be classified into:
- Legal Cadastre: a land registration system aimed at ensuring legal certainty and protection of land rights.
- Fiscal Cadastre: a land registration system conducted primarily for taxation purposes.
Pursuant to Article 19 of the Basic Agrarian Law (Undang-Undang Pokok Agraria / UUPA), land registration in Indonesia constitutes a Legal Cadastre, as it is organized to provide legal certainty regarding land ownership and other land rights for registered right holders. To ensure such legal certainty, the Government conducts land registration throughout the territory of the Republic of Indonesia in accordance with provisions regulated by Government Regulations. As stipulated in paragraph (1) of Article 19, land registration includes:
a. measurement, mapping, and bookkeeping of land parcels;
b. registration of land rights and the transfer of such rights;
c. issuance of Certificates of Title, which serve as strong legal evidence of registered rights.
According to Article 1 point 1 of Government Regulation No. 24 of 1997, land registration is defined as a series of activities carried out by the Government in a continuous, systematic, and orderly manner, including the collection, processing, recording, presentation, and maintenance of physical data and juridical data in the form of maps and registers concerning land parcels and condominium units. This definition also includes the issuance of Certificates of Title for land parcels with established rights, ownership rights over condominium units, and certain rights encumbering them.
Key terms in land registration include:
Land Parcel: A defined and bounded portion of the earth’s surface.
Physical Data: Information concerning the location, boundaries, and area of registered land parcels and condominium units, including information regarding buildings or parts of buildings standing on them.
Juridical Data: Information concerning the legal status of registered land parcels and condominium units, the holders of rights, third-party rights, and any encumbrances attached thereto.
Adjudication: Activities carried out in the process of first-time land registration, including the collection and verification of the accuracy of physical and juridical data of one or more land registration objects.
Land Registration Map: A map depicting land parcels for the purpose of land bookkeeping.
Cadastral Survey Document (Survey Plan): A document containing physical data of a land parcel in the form of a map and written description.
Land Book (Land Register): An official register containing juridical and physical data of a land registration object with established rights.
Certificate of Title: An official document serving as proof of rights over land, Right of Management (Hak Pengelolaan – HPL), waqf land, ownership rights over condominium units, and Security Rights over Land (Hak Tanggungan), all of which have been recorded in the relevant land books.
A land registration system determines what is registered, how juridical data are stored and presented, and the form of proof of title. The land registration systems commonly recognized are:
| Deed Registration System | Title Registration System |
|---|---|
| What is registered: Deeds | What is registered: Rights |
| Role of land authority: Examining authority, which verifies the accuracy and validity of juridical data | Role of land authority: Non-examining authority, which does not verify the substantive validity of the data |
| Registration medium: Land book (land register) | Registration medium: Deed register |
| Proof of rights: Certificate of Title | Proof of rights: Deeds and cadastral survey documents |
The publication system determines the extent to which the public may rely on the accuracy of registered data and the degree of legal protection afforded to parties who conduct legal acts based on such data if it later proves inaccurate.
The publication systems commonly recognized are:
| Positive Publication System | Negative Publication System |
|---|---|
| The State guarantees the absolute accuracy of registered data | The State does not guarantee the absolute accuracy of registered data |
| Typically applies a deed-based registration approach | Typically applies a title registration system |
| Registration results in the acquisition of land rights | Applies the nemo plus juris principle |
| The validity of legal acts determines the transfer of land ownership |
Indonesia applies a negative publication system with positive elements, under which Certificates of Title constitute strong but rebuttable evidence of land rights. This system aims to provide legal certainty and protection for parties who possess land in good faith and whose rights are recorded in the land book. However, the inherent weakness of this system is that registered right holders may still face legal claims from other parties asserting superior rights. To address this weakness, Indonesian land law applies the doctrine of extinctive effect through abandonment (rechtsverwerking) derived from customary law (adat law). Under this doctrine, if the original landowner neglects the land while another party possesses and utilizes it in good faith, the original owner may lose the right to reclaim the land. While in many jurisdictions this weakness is addressed through acquisitive prescription (adverse possession), Indonesia applies rechtsverwerking due to its foundation in customary law principles.
The implementation of land registration in Indonesia is based on several fundamental principles as stipulated in Article 2 of Government Regulation No. 24 of 1997, namely:
Simplicity: The substantive provisions and procedures are easily understood by interested parties, particularly holders of land rights.
Legal Security: Land registration is conducted carefully and meticulously to ensure legal certainty.
Affordability: Land registration is organized with due consideration to accessibility, particularly for economically disadvantaged groups.
Up-to-date Principle: Registered data must reflect current legal and physical conditions, requiring the registration and recording of subsequent changes.
Transparency (Openness): The public may obtain accurate and reliable land information at any time from the land office.
As affirmed in Article 3 of Government Regulation No. 24 of 1997, land registration aims to:
a. provide legal certainty and legal protection to holders of rights over land parcels, condominium units, and other registered rights, enabling them to easily prove their legal status as right holders;
b. provide information to interested parties, including the Government, facilitating access to necessary data for conducting legal acts involving registered land parcels and condominium units;
c. ensure orderly and efficient land administration.
Above is brief explanation about registration of land in Indonesia. If you have a concern related to land or property , such as thingking to buy or invest in property sector in Jakarta, Bekasi, Cikarang, Bandung, Pangandaran, Bali, Lombok and other areas in Indonesia, please feel free to us now.