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Original Research

LEGAL CERTAINTY FOR LAND WITHOUT LAND TITLE CERTIFICATE: THE WAY FORWARD

ANSHORI ILYAS 1, MUHAMMAD ILHAM ARISAPUTRA 2, AHSAN YUNUS 3, LAODE MUH. ASFAN MUJAHID 4, ARIANI ARIFIN 5, and SRI WAHYUNI ARIFIN 6.

Vol 18, No 11 ( 2023 )   |  DOI: 10.5281/zenodo.10158417   |   Author Affiliation: Faculty of Law, Hasanuddin University, South Sulawesi, Indonesia 1,2,3,4,5,6.   |   Licensing: CC 4.0   |   Pg no: 85-94   |   Published on: 14-11-2023

Abstract

The existence of regional autonomy, the government is given authority to administer and manage its assets for the realization of the function of regional autonomy. In the context of administering state/regional property, especially for land as regional asset, it is important to consider the document of land title. The regional government must have a certificate of land rights behalf of the regional government. Land title certificate to regional property is a guarantee of legal certainty regarding the control and ownership of land title. Therefore, if there is no certificate of land title, then the legal status of local government control over lands claimed as regional assets does not have binding legal force in the sense that local governments must be prepared to face disputes over land claimed as regional assets. The guarantee of regional property for land consisting of three aspects, namely administrative, physical, and legal. Administrative guarantee include recording, bookkeeping, inventorying, reporting and storing of documents. Physical guarantee of regional property is carried out in order to prevent a decline in the function of property, a decrease in the number of property and loss of property. Meanwhile, legal guarantee is carried out by completing proof of ownership status. Legal guarantee of regional property in the form of land is carried out with the intention that the land assets are complete in the form of letters of proof of ownership of rights or proof of ownership such as certificates of land title and valid data regarding the ownership of land.


Keywords

Administration, Land, Legal Protection, Property.