generally still used by the community in East Kutai Regency, East Kalimantan Province, as one of the

requirements in the application process for issuing land certificates by the National Land Agency

(BPN) (Akbar, 2017).

Implementation of Community Land Registration, which in its instructions states that "In the event

Village Head/Lurah is a Certificate of Physical Authority over the land (Erliyani, 2021; Hadjon, 2002).

It is also confirmed in Government Regulation Number 18 of 2021 Article 97 concerning Management

Rights, Land Rights, Flat Units, and Land Registration that "Land Certificates, Compensation

Certificates, Village Certificates, and other similar things are intended as Certificates made and signed

by the village head/subdistrict head/district head can only be used as a guide in the context of land

registration.

used by the Indonesian state, land certificates are not absolute evidence but only strong evidence, and

at any time a lawsuit can be filed against the certificate, it does not provide legal certainty for the

certificate holder. so it could potentially be canceled, as well as the Land Owner's Statement Letter

the author is interested in conducting research on the legal strength of land tenure statements (SPPT)

as a basis for land rights in East Kutai Regency, East Kalimantan Province.

from the perspective of legal science regarding norms established laws 1. This type of research uses

doctrinal research, which focuses on one object, namely a set of statutory rules and their principles

that have been prepared systematically and/or systematized.

Proof of ownership of land rights according to the UUPA

certificate will ensure the legal certainty of land rights, where the issuance of land certificates applies

as a strong means of proof. Land certificates are issued by the National Land Agency as the final

product of land registration activities for the first time (Syarief, 2014).

elements where:

holders as stated in Government Regulation No. 24 of 1997 explaining that related to the meaning of

a strong means of proof. The certificate is a strong proof of rights, in the sense that as long as it cannot

be proven otherwise, the physical data and juridical data contained in it must be accepted as correct

data and listed in the relevant land book and survey letter.

certificate as a sign of authentic legal evidence that contains proof of land rights, as stipulated in

article 19 concerning land registration to ensure legal certainty, article 23 concerning property rights

of each transition, deletion, other rights must be registered along with the encumbrance of their

examination of Article 23 paragraph (1) of the UUPA, it is stated that in order to obtain legal certainty

on the ownership of land rights (in this case, property rights), any legal act related to the transfer or

imposition of it becomes invalid if registration is not carried out with the authorized agency that has

been determined. In addition, this provision is also a must that must be passed in accordance with the

processes and procedures that laws and regulations have determined.

who is the new right holder, including if the land is encumbered with dependent rights. If only the

receipt is used as the basis for ownership of land rights, this can actually obscure the essence of the

legal certainty of ownership of land rights.

other parties interested in the land. By having registered and obtained a certificate, the holder of land

rights has strong evidence of the land.

the Republic of Indonesia with the aim of ensuring legal certainty of land rights. If in the future there

is a lawsuit in court about the right to own land, then all the information contained in the certificate

of land right has strong evidentiary force, and therefore, the judge must accept it as true evidence, as

long as there is no other evidence that denies it or proves otherwise. But if it turns out that there is

an error in it, then changes/corrections are made as necessary.

the National Land Agency (BPN) by the way the aggrieved party applies for a change in the certificate

as long as there is no evidentiary device to prove otherwise.

of 1997, the certificate is a strong proof tool, and the purpose of land registration is to ensure that

legal certainty in the field of land becomes visible and felt.

owns the land that is controlled and used as it should be and to the party who acquires and controls

it in good faith and is strengthened by the registration of the land concerned7.

Based on the provisions of Article 32 Paragraph (2) of the Government Regulation above, the negative

publication system in Indonesia is only valid for 5 years.

Registration, the objects that can be the objects of land registration are:

have written evidence. These rights are owned by local residents and are called customary lands, such

as Customary Rights Land, Customary Land Ownership, Yasan Land, Gogolan Land, and others.

customary rights can be included in the UUPA system, which is completed through conversion

institutions. Especially for lands that are subject to Customary Law but are not registered in the

provisions of conversion as land that can be converted into a land right according to the provisions of

the UUPA, but the land is recognized as a customary right. The effort of "Affirmation of Rights"

submitted to the Head of the local BPN Office is followed by preliminary evidence such as proof of tax,

sales and purchase documents made before the enactment of the UUPA and a letter confirming a

person's rights and explaining that the land is for housing or agriculture and the citizenship

information of the person concerned.

Preventive legal protection for land title holders who have not been certified is by registering land. A

person who has registered his land will get a certificate of proof of rights in the form of a certificate

issued by BPN.

of PP 24/1997 and Article 2 paragraph (2) of the Ministerial Regulation of ART/BPN 6/2018

concerning Complete Systematic Land Registration, a person can prove himself as a holder of legal

land rights, so that he can provide legal certainty and legal protection for the holder of rights and his

land.

dispute resolution efforts. Regarding the ownership of land that has not been certified, it still gets

Agency Number 3 of 1997 concerning the Implementation of Government Regulation Number 24 of

1997 concerning Land Registration.

clearly states that one of the requirements for the processing of land ownership applications is to

include the basis of rights as evidence of basic control, either in the form of certificates, girik, kapling

letters, documents proving the release of rights and repayment of land and houses and/or those that

have been purchased from the government, court decisions, PPAT deeds, deeds of relinquishment of

rights, and other documents proving land acquisition.

registration of a Land Rights certificate provides convenience for people who want to register a Land

24 Paragraph (2) of the Regulation Government Number 24 of 1997, concerning Land Registration.

because currently strong proof of ownership is a Land Rights certificate. In article 2 of Government

Regulation Number 24 of 1997 concerning Land registration, the principles are simple, safe, and

affordable. In practice in the field, this principle has not been fully implemented at the Land Office.

Land registration with a land certificate, in this case SPPT to become a certificate, requires expensive

costs and a long time, about 6 months to an indefinite time.

as they are alive and in accordance with the development of society and the principles of the Unitary

State of the Republic of Indonesia, which Law regulates." Clearly, the Constitution of the State of

Rechtverwerking institution, it can provide legal certainty and legal protection as one of the purposes

of land registration.

materials, in the form of conceptions, principles and legal institutions, to be formulated into written

legal norms, which are compiled according to the Customary Law system. The conception that

underlies the National Land Law is a religious communalism conception, which allows individual land

tenure, with personal land rights, as well as containing elements of togetherness.

religiosity, the principle of nationality, the principle of democracy, society, equality and social justice,

the principle of planned use and maintenance of land, and the principle of horizontal separation of

registered or has not been registered, with this registration the land owner will get protection and

recognition from the state. Land registration in Indonesia is regulated in the Government Regulation

of the Republic of Indonesia Number 24 of 1997 concerning Land Registration. Article 1 paragraph

(1) of the Government Regulation states: "Land registration is a series of activities carried out by the

Government on a continuous, continuous and ongoing basis, including the collection, processing,

bookkeeping, and presentation as well as the preservation of physical and juridical data, in the form

of maps and lists, regarding land plots and flats, including the issuance of certificates of proof of rights

for land plots to which there are already rights and property rights to units of flats and certain rights

that burden them.

out on the principle of trust between the seller and the buyer by making a deed under the hands

signed by the buyer and the seller and witnessed by two witnesses and known by the Village Head.

provisions of Article 7, Article 8, and Article 39, and in PP No. 37 of 1998 concerning the Regulation

of the Position of Land Deed Making Officer, which is hereinafter referred to as the PPAT Position

PPAT in Article 5 paragraph (3) letter a that, the Village Head as the lowest temporary PPAT has very

strategic duties in assisting the Head of the Land Office in carrying out land registration, including the

preparation of sale and purchase deeds land in accordance with applicable laws and regulations.

paternalistic traits that are still closely attached. The Village Head is placed in the position of a figure

and becomes a role model, as a result of which all his recommendations will always be embraced by

the community.

request or request of the community to the Village/Village office where the land object is requested.

witnesses of the land boundary are then proposed to the Head of Village/Lurah to be approved by the

SPPT. If referring to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, in

order to provide legal certainty of ownership of community land rights, the government conducts

land registration throughout Indonesia in accordance with the provisions stipulated in Government

Regulation (PP) Number 24 of 1997 concerning Land Registration including: measurement, mapping,

and bookkeeping as well as the recording of land rights and the transfer of these rights which are then

that it is safe and protected by the law because the practice has been so, the government itself

is the same price, thus that the SPPT and the certificate of position are the same in the eyes of the

government. Banking institutions also often accept if people apply for credit at banks using SPPT as

collateral. Even in judicial institutions, SPPT is recognized as proof of ownership of land rights and

there are many other practices in society that use SPPT as a transaction tool.

of land rights. Because the sale and purchase of land cannot be resolved just like that to all related

parties, it is necessary to intervene with the authorized officials to complete the entire transfer of land

ownership. The implementation of land buying and selling must comply with the rules and

procedures regulated or mandated by law.