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Medan — Land disputes remain a long-standing issue in Indonesia. Land certificates, which are supposed to serve as strong proof of ownership, are in practice still frequently challenged in court. This condition is closely related to Indonesia’s land registration system, which adopts a negative publication system with a positive tendency. This system lies between two major global land registration models: the negative system and the positive system.
This blog article summarizes and simplifies the findings of a legal study published in an academic journal, making them more accessible to the general public, legal practitioners, and academics.
Understanding Land Registration Systems
Globally, there are two main principles underlying land registration systems:
The Principle of Good Faith
This principle protects parties who acquire land honestly and without knowledge of any legal defects. Once the land is registered, the certificate holder is recognized as the lawful owner. This principle forms the basis of the positive publication system, under which the state guarantees the accuracy of land registration data.
The Nemo Plus Juris Principle
This principle asserts that no one can transfer rights greater than those they legally possess. If the seller has no valid rights, the transfer is legally null and void. This principle underpins the negative publication system, where land certificates are not absolute proof of ownership and may still be challenged.
Each system has its own strengths and weaknesses. The positive system provides a high level of legal certainty but risks eliminating the rights of the original owner. Conversely, the negative system protects original owners but creates legal uncertainty for certificate holders.
The Torrens System: An Example of a Positive System
One of the most well-known forms of a positive publication system is the Torrens System, first implemented in Australia. Under this system:
- The state guarantees the accuracy of land certificate data.
- Land certificates are conclusive and indefeasible.
- If an error occurs, the original owner is compensated by the state.
This system has proven effective in creating legal certainty and encouraging investment. In addition to Australia, countries such as Malaysia and Singapore have adopted this system with certain modifications.
Indonesia’s Position: Negative with a Positive Tendency
Indonesia does not fully adhere to either a purely positive or purely negative system. Based on the Basic Agrarian Law and Government Regulation No. 24 of 1997, Indonesia applies a negative publication system with additional protective elements.
In Indonesia, land certificates:
- Serve as strong evidence, but are not absolute.
- May still be contested by other parties claiming rights.
- Receive legal protection if acquired in good faith and physically possessed for five years without objection.
This system choice is influenced by Indonesia’s vast geographical conditions, limited land administration human resources, and the high potential for agrarian conflicts.
Implications for Legal Certainty
The main consequences of this system include:
- Certificate holders are not fully immune from legal challenges.
- Land disputes frequently arise in court.
- On the other hand, parties who feel disadvantaged still have access to justice.
In essence, Indonesia seeks to balance legal certainty with substantive justice.
Conclusion
Indonesia’s land registration system reflects a compromise between protecting original landowners and providing legal certainty to certificate holders. Although not yet ideal, the negative system with a positive tendency is considered the most realistic approach for Indonesia’s current conditions. Moving forward, strengthening land administration, implementing the one-map policy, and improving the quality of human resources are key to minimizing land disputes.
Author Profile
Supratiyno, Tony, and Kukuh Derajat Takarub are academics and researchers in the field of agrarian law.
Source Journal
This blog article is adapted from the following journal article:
- Journal: East Asian Journal of Multidisciplinary Research (EAJMR)
- Volume & Issue: Vol. 5, No. 1 (2026)
- Online ISSN: 2828-1519
- Journal Website: https://mtiformosapublisher.org/index.php/eajmr
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