Land Certification Policy through Complete Systematic Land Registration (PTSL) in Malang Regency of Indonesia

Study on Policy Implementation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency

Abstract

The land is a public good that has a high enough economic value because the land provisions and the number of people who need land for activities increases. This is the basis for national and international regulations that justify the need for the presence of a government that has the power to regulate and limit the absolute freedom of use of property rights by legal persons with the status of citizens. The existence of the state in regulating land ownership is the basis for legal certainty in regulating justice in society. The State's authority to be present in land affairs is regulated by Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (Article 19) which states to ensure legal certainty by the Government through registration including: first, measurement, mapping and land bookkeeping; second, the registration of land rights and the transfer of these rights; and third, the issuance of letters of proof of ownership rights. in the legal principle of the law above, it is explained through Government Regulation Number 24 of 1997 concerning Land Registration, explains the purpose and use of land registration as legal certainty for land rights holders and is explained in more detail through the regulation of the State Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 2018 concerning Complete Systematic Land Registration of PTSL as the embodiment of Agrarian Reform. One of the districts that implement the PTSL Program is the Malang district with the Perbup Kab. Malang number 14 of 2018 which regulates the financing of the Complete Systematic Land Registration Preparation Charged to the Community with a 2018 target of a quota of 62,000 (sixty-two thousand) fields spread over 15 (fifteen) Districts and 23 (twenty-three) Villages that become The formulation of the research problem is to study the implementation of PTSL policies, the supporting and inhibiting factors of the program and the implementation model of land administration policies as land reform through the PTSL program. The theory in this study focuses on the public policy process with an approach to implementing public policy in the continental state system to explain government actions that have a set of authoritative value authority in political, legal and financial aspects as the government s response to a series of utilitarian alternatives in solving community problems that have the potential for conflict. contradictions of various procedures, actors and substantive social problems, the government must have ethical awareness to create maximum happiness and minimize suffering and injustice in society. This research uses a descriptive qualitative approach as a naturalistic approach that collects secondary and primary data types with the data sources in this study being research informants, events, and documents and using triangulation techniques as a combination methodological technique to understand a phenomenon holistically. From the results of the study, it was found that several phenomena regarding the implementation of land certificate policies through the PTSL program in the Malang Regency had been regulated through the Regency Perbup. Malang number 14 of 2018 as a massive PTSL technical implementation in the Malang Regency with a fairly large target in 2021 with a target of 97,225 plots of land this is a form of Good Government and Public Relations (HAM). In the implementation of the PTSL stage, it was in accordance with applicable procedures and rules as well as physical and juridical requirements with the implementation involving village officials as a technical team. Various villages have differences in the estimation of PTSL financing, but the case model is relatively the same, namely the lack of budget because many. Activities are outside the plan and lead to corporate, the applicant's physical evidence is mostly in the form of letter C and the lack of data collection on changes in land status in the village ledger. the delay in the completion of the PTSL field officer could potentially lead to horizontal conflicts and the risk of a lawsuit over the certificate of ownership of the PTSL program. Such problems need to change the PTSL mechanism that applies the value of utilitarianism such as the adjustment of field officers to the location of the PTSL program, sharing of community financing, village governments, and local governments. the delay in the completion of the PTSL field officer could potentially lead to horizontal conflicts and the risk of a lawsuit over the certificate of ownership of the PTSL program. Such problems need to change the PTSL mechanism that applies the value of utilitarianism such as the adjustment of field officers to the location of the PTSL program, sharing of community financing, village governments, and local governments. the delay in the completion of the PTSL field officer could potentially lead to horizontal conflicts and the risk of a lawsuit over the certificate of ownership of the PTSL program. Such problems need to change the PTSL mechanism that applies the value of utilitarianism such as the adjustment of field officers to the location of the PTSL program, sharing of community financing, village governments, and local governments.