Analisis Yuridis Tentang Kepastian Hukum Kepemilikan Tanah Kapling Terkait Hukum Positif di Indonesia

Abstract

Division into ploting of land is essentially a way or method of land sale by capital owners with economic motives for profits. A technique selling a land by dividing into lots is developing in the society, which they namely plotting of land, however Article 19 of UUPA on land registration does not include division into ploting of land, then in its implementation regulations, namely Government Regulation Number 24 of 1997 in its relation about registration of land, it is only recognized two characters of transfer of land rights which can be registered, namely regulated in Article 48 paragraph (1) and Article 49 paragraph (1); None of the regulations mentions the term about plot of land, or in other words, the National Land Law does not recognize divisions into ploting of land. Land Office only accepts registration of land with splitting and separation. As the model or the system of division into ploting of land has not been governed, then there is an empty norm or in other words there are no specific rules on this subject. Since there are no specific rules governing land divisions, it will certainly raise a question on divisions into ploting of land in Indonesia and how the legal certainty of ownership about plot of land. The type of this research is a normative legal research, namely, there is a vacant of norm. UUPA as well as Government Regulation Number 24 of 1997 do not recognize sale technique through divisions into plot of land. As there are no regulations governing land divisions, it certainly does not provide any legal certainty for the parties involved in the divisions into plot of land. The legal materials applied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this research indicates that there is a real and urgent needs in the society in the field of land, namely, divisions into ploting of land, but there is no clear regulation governing plot o0f land in Indonesia, so the legal guarantee of the plot of land is not clear either. Legal certainty born after the land is registered, however then, it is necessary to have law reform in the field of agrarian law, namely, UUPA as the main rule in the agrarian law, or the Law or Implementing Regulations are made which clearly and definitely govern the division into ploting of land. Under the clear and definite rule of law will certainly ensure legal certainty. Finally, the law must be able to create peace and prosperity for all people of Indonesia.