Implikasi Hukum Sistem Publikasi Pendaftaran Tanah Negatif Bertendensi Positif Dalam Kasus Penerbitan Sertifikat Hak Milik Yang Berasal Dari Pewaris Kepada Salah Satu Ahli Waris Tanpa Persetujuan Ahli Waris Lainnya

Abstract

The negative land registration system with positive tendencies Indonesia, although intended to ensure legal certainty, can in practice be exploited by irresponsible parties for personal gain, disregarding the rights of legitimate heirs. Such misuse results in legal uncertainty and harm to parties who should be protected by the land registration system. This study addresses the following legal issues: (1) How does the negative land registration system with positive tendencies operate in the issuance of land ownership certificates in Indonesia? (2) What legal protection is afforded to heirs in cases where land ownership certificates are issued without the consent of all heirs? and (3) What are the legal implications of issuing land ownership certificates without the consent of heirs under the negative land registration system with positive tendencies? This research employs a normative juridical method, which refers to legal norms through a literature study, supported by field research conducted through structured interviews with competent sources, namely officials from the National Land Agency (BPN) and Notaries/PPATs. The study is descriptive in nature, and the data were analyzed qualitatively. The findings reveal that the negative land registration system with positive tendencies, as stipulated in Articles 32(1) and (2) of Government Regulation No. 24 of 1997, provides strong though not absolute legal protection to certificate holders. Legal protection for heirs in cases of certificate issuance without their consent can be pursued through civil litigation. The legal implications of such issuance include prolonged legal disputes, uncertainty in land ownership status,financial losses for heirs whose rights are violated, and potential harm to third parties acting in good faith as evidenced in Supreme Court Decision No. 1404 K/Pdt/2019, which resulted in legal uncertainty and a chain of losses for multiple parties.