Preferability of the positive-characterized negative publication in cadastral registration in Indonesia

The legal problem in the practice of land registration in Indonesia is the vulnerability of claims in the Court for those who already have land certificates. This means that the purpose of land registration that wants to provide legal certainty of cadastral land rights has not yet been achieved. This is a legal consequence of the use of a negative publicity system with a positive element in land registration. The purpose of this study is to determine the philosophical and sociological foundation of the choice of a negative publicity system with a positive element in land registration in Indonesia. Socio legal research approach method is used. The results showed that the philosophically the choice is for justice and welfare of the people and the state is responsible for its welfare. The choice is supported by the condition of land ownership during the legislation of national land regulations in 1960s in which the people were mostly subject to customary law. The choice was to provide legal protection to the actual rights holders and obtained in good faith. © 2020 Elsevier B.V., All rights reserved.