Tinjauan Yuridis Atas Pensertifikatan Tanah yang Berasal dari Hak Ulayat (Studi Kasus Putusan MA No. 274/K/PDT/2005)

Abstract

Land for the Indonesian people is not only consists of property land but also adat land (traditional property rights of land) which has high value. Our National Land Law recognizes adat land owned by indigenous people. As it is stated in Article 3 of UUPA (Land Act), in order to avoid a dispute on adat land, the security of legal certainty on land Law No. 5/1960 on Articles of association on Land Principles, orders the government to implement land registration. Based on the explanation above, the researcher formulates some problems, as follows: if there are any requirements and procedures of the land rights registration which comes from adat land, if there is any legal certainty on land rights certificate issued from adat land, and the Supreme Court decree No. 2274/K/Pdt/2005 on the aspect of the national land law. The research used normative approach. The data were gathered qualitatively by using observation on the collected data and by relating each data to the legal provisions and legal principles related to the subject matter of the research. The requirements and the procedures of registering land rights which came from the adat land was conducted by preparing the documents of the requirements, writing and presenting a letter of request, paying the filing fee, and receiving the directive letter. The legal certainty on land rights certificate issued on the adat land could be seen by the certainty of the holder of the rights in the certificate, the certainty of the area of the land and its location, and the certainty of the date the certificate was issued. The position of the Supreme Court’s decree No. 2274/K/Pdt?2005 on the aspect of the national land law had an important position in making decisions which could be accepted by both parties; therefore an accurate logical way of thinking was needed. It is recommended that the local government, in this case, the Municipal/Regional Land Office, in collaboration with the adat people, should draw a map of the adat land ownership so that there is no overlapping ownership. The government should also control land administration, computerization, the use of licensed surveyors, and so on, with systematic registration approach. It is also recommended that the perception of the government and the adat people in the existence and the position of adat land law should be similar; this can be done by increasing the counseling on land law, especially which is related to adat land.