Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018

Research with the topic of Strength and Guarantee of Legal Certainty of Certificates as Written Evidence after the issuance of Ministerial Regulation No. ATR. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on PP. 24 of 1997 according to Article 26 paragraph (1) PP No. 24 of 1997, notification to the public for 60 (sixty) days and the principle of publicity Article 11 paragraph (1) Permen ATR No. 6 of 2018 for 14 (fourteen) working days. The matter at issue is related to the strength and guarantee of legal certainty for the certificate as written evidence. Research using the approach to legislation and a concept approach obtained a conclusion, that: The principle of publicity in PP no. 24 of 1997 for a period of 60 working days and Permen ATR No. 6 of 2018 for 14 working days, both have not guaranteed legal certainty because the publications used are negative leading to positive, where the registrant is considered the owner and other parties can still file a cancellation lawsuit as long as they can prove that the registrant registered the land in bad faith.


RESEARCH METHODS
Normative legal research as a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced, namely the legal consequences of the PPAT delay in registering the deed of transfer of rights at the BPN Office during the Covid-19 pandemic in terms of laws and regulations in this case PP no. 24 of 1997. Primary legal materials are in the form of statutory regulations and secondary legal materials in the form of concepts of undergraduate opinion, journals and so on.

Land Registration Land
Registration for the first time, according to Article 1 point 9 of PP on Land Registration, land registration for the first time is a land registration activity carried out on land registration objects that have not been registered based on Government Regulation Number 10 of 1961 concerning Land Registration ( PP 10/1961) or PP Land Registration. For the first time, land registration was carried out through systematic land registration and sporadic land registration.
Systematic land registration is a land registration activity for the first time that is carried out simultaneously which includes all land registration objects that have not been registered in the territory or part of the territory of a village/kelurahan. Systematic land registration is carried out at the initiative of the government based on a work plan and carried out in areas determined by the minister (Gunadi, 2019). Sporadic land registration is a land registration activity for the first time regarding one or several objects of land registration in the territory or part of the territory of a village/kelurahan individually or in bulk (Article 1 number 11 PP No. 24 of 1997).

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Registration of publications, is used to test the power of proof of certificates, namely strong or not strong and absolute or not absolute (Frampton, 2018). There are two types of publication systems, namely the positive publication system and thepublication system negative.
The positive publication system uses a rights registration system, so there must be a Register or Land Book for the storage and presentation of juridical data, while the certificate is a letter of proof of rights. Recording a person's name in the register as a right holder makes a person the holder of the right to the land concerned, not a legal act of transferring rights (Tittle by registration, The Register is everything). This statement is the philosophical basis that underlies the Torrens system, namely with this positive publication system the state guarantees the truth of the data presented. In a negative publication system, the registration operator acts passively, only accepting what is stated by the applicant or registrant, in such conditions it is vulnerable to be disputed by third parties who feel more entitled to challenge the validity of the certificates issued (Magassing et al., 2018). This means that the negative publication system of the information contained in it has legal force and must be accepted as true information as long as and as long as there is no evidence to prove otherwise. Because it is vulnerable from third party lawsuits, because negative publications do not provide legal certainty to registrants as rights holders because the state does not have a guarantee of truth related to the physical data and yirudus data presented (Mulyono, 2022).
The land registration system in Indonesia as explained in Article 32 PP No. 24 of 1997, that the UUPA does not use a positive publication system, where the truth of the data presented is guaranteed by the State, but uses a negative publication system. In the negative publication system, the State does not guarantee the truth of the data presented, but nevertheless it is not intended to use the Negative publication system purely, so that land registration in Indonesia is more directed to a negative publication system with positive tendencies in land registration adopted by Indonesia (Hidayat, 2018). This means that the state does not guarantee the correctness of the data in the land certificate but the acquisition of the land is carried out in good faith. The publication system adopted now can be sued by other parties at any time, because they feel they have more rights or have stronger evidence than the land. purpose of land registration according to Article 3 of the PP on Land Registration is as follows:

Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya
1. To provide legal certainty and legal protection to holders of rights to a plot of land, apartment units and other registered rights so that they can easily prove themselves as holders of the rights in question. The provision of legal certainty and legal protection is carried out by providing a certificate of land rights to the holder of the right in question.
The guarantee of legal certainty that is the goal of land registration is certainty regarding the status of the registered land, certainty regarding the subject of rights and certainty regarding the object of rights.
2. To provide information to interested parties, including the Government, so that they can easily obtain the data needed to carry out legal actions regarding registered land parcels and apartment units. The form of the implementation of this information function is physical data and juridical data from land parcels and flats that have been registered open to the public.
3. For the implementation of orderly land administration. This is done by registering each plot of land and apartment unit, including registration in the event of a transfer, encumbrance and annulment of such rights.
The issuance of a certificate is a letter of proof of rights that applies as a strong means of proof regarding the physical data and juridical data contained in it, as long as the physical data and juridical data are in accordance with the data contained in the letter of measurement and the book of land rights in question. The strength of the certificate as evidence is free from third party objections, for that land registration activities must be informed to the public, known as the publication principle. Land registration gives rights to the registrant and is included in the scope of material rights. Among the issuance of these material rights is the principle of publicity. The principle of publicity (openbaarheid) is an "announcement" to the public regarding the status of ownership.
The announcement of material rights with guaranteed land rights is carried out through registration in the land book. Publicity occurs because of registration in the land book, so that the registration becomes evidence of registration. However, as stated by Mariam Darus Badrulzaman that the registration agency does not only mean to provide strong evidence, but also creates material rights.
Material rights to an object (land) occur at the time of registration. Without the material nature of land rights, it has not been related to "ownership" which means that as long as registration has not been carried out, land rights only have meaning for private parties while third parties do not know the change in the legal status of the land rights. Recognition of the new community occurs when the ownership of the object is registered through registration, then a general recognition is born regarding material rights to land.
The principle of publicity is the principle that requires registration of land rights at the local Land Office, which means that the birth of the principle of publicity from registration so that third parties know about it. It is further determined that the registration is carried out by recording it in the land book on the object of land rights and copying it in the certificate of land rights.The certificate as a proof of title is a strong means of proof regarding the physical data and juridical data contained in it, as long as the physical data and juridical data are in accordance with the data contained in the letter of measurement and the book of land rights in question, but still gives confirmation; petition to other parties to be able to prove the opposite regarding physical data and juridical data contained therein must be accepted as correct data, can sue for the cancellation of the certificate.
Regarding land registration issues, the Government in an effort to accelerate land fundamentalnorm is the highest norm whose validity is not based on and does not originate from a higher norm, but applies presupposedly, that is, it has been determined by the community first".
Land registration in general, as the implementer of the UUPA has a higher position than Permen ATR No. 6 of 2018, even if it is related to the provisions of Article 8 paragraph (2) of the Law on Formation of Per Law, it is stated that the Legislation as referred to in paragraph (1) is recognized for its existence and has binding legal force as long as it is ordered by a higher sued by third parties as long as they can prove that the registrant has bad intentions in registering land rights, so that the certificate is legally flawed.