Vol.4, No.05, Mei 2023

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Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 491

Legal Status of Land Rights of the Former Eigendom Verponding

After the Issuance of the Conversion Rules

Mahmuddin

, Herman Bakir

, Faisal Santiago

Universitas Borobudur

1,2,3

Email: Mzlawyerjkt@gmail.com

, herman_bakir@borobudur.ac.id

faisalsantiago@borobudur.ac.id

Corresponding Author: [email protected]

ARTICLE INFO

ABSTRACT

Submitted

:02-04-2023

Received

:05-04-2023

Approved

:15-04-2023

Beginning on September 24, 1960, there were not any more

western freedoms and standard terrains. The organization no

longer exists while the freedoms have been changed over by the

BAL into one of the new privileges. In such manner, beginning in

1961 there could have been as of now not any land that its

arrangements could be dependent upon European Verponding,

Indonesian Verponding, and Lanrente or Land Expense. The

assessment endorsements that existed and were held by

individuals around then and were not detailed for substitution of

new privileges under the UUPA, were still as Eigendom

Verponding. In any case, in all actuality, there are still holders of

land privileges who after September 24, 1980, still have

confirmation of responsibility for freedoms as western privileges

and standard freedoms that poor person been changed over, which

will create legitimate issues assuming that these are not directed in

regulation. To expect lawful issues that emerge because of changes

in guidelines in the land area, the public authority through

transformation guidelines reaffirmed the lapse of privileges to the

place that is known for beginning of the Change of Western

Freedoms on September 24, 1980, which is likewise the standard

framed in the BAL., to end the legitimacy of the excess Western

privileges to land in Indonesia with every one of attributes are not

by Pancasila and the 1945 Constitution.

Keywords: Legal Status; Land

Rights; Eigendon Verponding;

Conversion

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

1. Introduction

The requirement for land today is expanding in accordance with the rising populace and

other expanding needs connected with land. The land isn't just a spot to reside, and a spot to

cultivate but at the same time is utilized as security to get a credit at a bank, for trading, and

renting. So significant, the utilization of land for the public interest of people or legitimate

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elements requires an assurance of lawful conviction over the land (Sangsun, 2007) .

Before 1960, dualism in land law prevailed in Indonesia. On the one hand, Dutch colonial

land laws apply, to land that is subject to and regulated by Western Civil Law, which is often

called Western Land or European Land, for example, land with eigendom rights, post-all rights,

refract rights, and others. Responsibility for with the privileges of native individuals or local

people groups who are dependent upon standard regulation who don't have composed proof,

which has a place with the nearby populace is in many cases called standard land, for instance,

land with standard freedoms, standard land, land, gogolan land, and others.

September 24, 1960, is a memorable day on the grounds that on that date Regulation

Number 5 of 1960 concerning Fundamental Agrarian Guidelines was proclaimed and

pronounced for the whole domain of Indonesia. With the sanctioning of Regulation Number 5 of

1960 concerning Essential Agrarian Guidelines (hereinafter alluded to as UUPA), there has

been a basic change in Agrarian Regulation in Indonesia, particularly in the land area (Budi

Harsono, 2007) . It ended the dualism of land law and the implementation of unification,

namely legal unity in the field of land law in Indonesia. This provision at the same time repealed

the Agrarian Law that was in effect during the colonial era, including Agrarische Wet (Stb. 1870

Number 55), Agrarische Besluit, and the Civil Code, especially Book II concerning Materials, one

of which regulates the issue of land rights. With the presence of the Public Land Regulation, it is

trusted that lawful conviction will be made in Indonesia. For this reason, the public authority

circled back to the arrangement of composed legitimate instruments as different guidelines in

the field of public land regulation that help lawful conviction, and afterward through the

current administrative instruments, policing did as viable land enrollment.

As per Article 9 of Unofficial law No. 24 of 1997 concerning Area Enlistment, the items that

can become land enrollment objects are: a. plots of land claimed by property freedoms,

usufructuary privileges, building use privileges, and usufructuary freedoms; b. land the

executives privileges; c. waqf land; d. possession privileges to condo units; e. contract right; f.

state land; as a matter of fact, it just so happens, inside the local area there are still eigendom

privileges, postal freedoms, refract freedoms, and the privileges of native individuals or local

people groups who are dependent upon standard regulation who don't have composed proof,

which is claimed by inhabitants, frequently called standard land, for instance, land with

standard privileges, standard land, Yasan land, Gogolan land, and others.

In light of the arrangements of Article 9 above, obviously land starting from western

freedoms can't be enrolled. In the event that these grounds can't be enlisted, it will be impeding

to the landowners, since they will obviously lose their freedoms. Consequently, a way is

required so this land can be enlisted, then the way that should be possible is to change over

land starting from these western freedoms. With the change of land from western freedoms, it

is trusted that no local area will be hurt by their privileges on the grounds that, after

transformation, these freedoms can be enrolled.

Change of previous land privileges is one of the instruments to satisfy the guideline of

legitimate unification through Regulation Number 5 of 1960. Guideline of the Priest of Land and

Agrarian Undertakings (PMPA) Number 2 of 1962 manages arrangements in regards to the

affirmation of the transformation and enrollment of previous Indonesian freedoms to

regulating land. The change guideline is an execution of the momentary arrangements of

Regulation Number 5 of 1960.

The reason for enlisting a land transformation is to give lawful conviction, and legitimate

insurance to holders of land freedoms or to deliver a substantial evidence of title as major areas

of strength for an of verification (Raharjo, 2010) .

Eigendom Verponding is a possession right to a land or building resource by forcing an

expense assortment on the land. The burden of this duty was completed by giving an expense

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assortment letter for the land proprietor, which around then was referred to among individuals

as an assessment gatherer, pipil, girik, and others. Charge receipts capability as a letter of

burden and installment of expenses, in light of the installment of these duties, charge receipts

around then among individuals are thought of and treated as confirmation of responsibility for

land being referred to. The burden and receipt of expense installments by the public authority

are additionally deciphered by individuals as an affirmation of responsibility for land area.

Concerning the mentalities and suppositions above, individuals don't have a solid sense of

reassurance, as long as the land charge receipts they have bought have not been supplanted

with new freedoms to their names. So that with the sanctioning of the UUPA, beginning on

September 24, 1960, there were not any more western freedoms right terrains and standard

claimed lands. The organization does not exist anymore, while the current privileges have been

changed over by the BAL into one of the new freedoms. Hence, beginning in 1961 there was no

more land that as per its arrangements could be dependent upon European Verponding,

Indonesian Verponding, and Lanrente or Land Duty. The expense authentications that existed

and were held by individuals around then and were not announced for substitution of new

privileges under the UUPA, obviously, were still as Eigendom Verponding.

In any case, as a general rule, there are still holders of land privileges who after September

24 1980 still have verification of responsibility for freedoms as western freedoms and standard

freedoms that poor person been changed over, which obviously will create lawful issues in the

event that these are not directed in regulation.

To expect lawful issues that emerge because of changes in guidelines in the land area, the

public authority through transformation guidelines reaffirmed the termination of privileges to

the place that is known for beginning of the Change of Western Freedoms on September 24,

1980, which is additionally the standard illustrated in the BAL., to end the legitimacy of the

leftover Western privileges to land in Indonesia with every one of qualities are not by Pancasila

and the 1945 Constitution.

The issue in this paper is the legitimate status of the previous Eigendon Verponding land

privileges after the issuance of the Change Rules?.

2. Materials and Methods

Method

The strategy utilized recorded as a hard copy this applied paper is the illustrative scientific

technique, in particular by utilizing information that plainly portrays the issues

straightforwardly in the field, then the examination is done and finished up to tackle an issue.

Strategies of information assortment through perception and writing study to get critical

thinking in the arrangement of this paper.

In line with the research objectives to be achieved, the realm of this research is included in

the authenticity of qualitative research, thus a qualitative approach method will be used.

According to Petrus Soerjowinoto et al., a qualitative method is a method that emphasizes the

process of understanding the researcher on the formulation of the problem to construct a

complex and holistic legal phenomenon (Soerjowinoto, 2006) .

Approach

Normative juridical approach carried out on certain laws and regulations or written law,

relating to the Legal Status of Land Rights of the Former Eigendon Verponding after the

issuance of the Conversion Rules (Soemitro, 1990) . The study describes the condition of the

object under study, namely focusing on regulation and the Legal Status of Land Rights of the

Former Eigendon Verponding After the Issuance of the Conversion Rules in practice.

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3. Results and Discussions

Conversion Term and Eigendom Rights.

In light of Regulation Number 5 of 1960 concerning Agrarian Standards, substantial land

declarations according to the law are Property Privileges Endorsements (SHM), Building Use

Freedoms Authentications (SHGB), and Pads Unit Title Testaments (SHSRS). Nonetheless,

incidentally, different sorts of letters are much of the time involved by the Indonesian public as

verification of authority over something land. The residency is perceived by Indonesian land

guidelines. This form of ownership is proof of ownership that existed before the ratification of

UUPA Number 5 of 1960, which includes: Girik, Petok D, Letter C, Surat Ijo, Detail, Wigendom or

Eigendom Verbonding, Ulayat Rights, Opstaal, Gogolan, Gebruik, Erfpacht, Bruikleen, the types

of land ownership are letters that are still used in Indonesia.

The letter is proof of ownership before the land is certified by BPN. It happened because

the ownership was before the enactment of the Basic Agrarian Law. Verification of

responsibility for privileges in light of confirmation of responsibility for reports as referenced

above isn't adequate, however should likewise be demonstrated by actual information and

other juridical information as well as actual ownership of the land by the individual concerned

successively or ceaselessly for 20 (two) twenty years or more. Given that the control is

completed with sincere intentions and transparently by the individual worried as the

proprietor of the privileges to the land, affirmed by the declaration of a confided face to face,

and the said control isn't questioned by the standard regulation local area or the town/ward

concerned or different gatherings. This is what needs to be understood why the proof of the

letter needs to be certified at the National Land Agency because one purpose of enacting the

BAL is to unite and simplification of national agrarian law. To achieve this unification and

simplification, the conversion of land rights to letters is carried out.

Western civil law regarding land law has its starting point from prioritizing personal

(Individualistic/liberalistic) interests, so that the base and center of regulation lies in

eigendom-recht (eigendom rights), namely full and absolute individual ownership, in addition

to the domain verklaring (dome statement) of land ownership by state. The customary law of

the land is part of the most important part of customary law which has its starting point from

the collection of community interests which results in always considering the public interest

and individual interests. In customary law, there are ulayat rights which mean legal partnership

rights over land.

Then the philosophical basis related to land rights is different from that of western civil

law as follows:(Hasanah, 2012)

a) Land rights according to Western Civil Law.

The types of land rights that were enforced during the Dutch colonial era were usually

referred to as western rights which were regulated and subject to western civil law

(Burgerlijk Wetbook) called western lands (European lands) including land rights of

Eigendom, rights West land rights that have not been canceled by the parties by the

UUPA are still in effect and are not automatically deleted and are still recognized, but to

become property rights over land must be opstall, erpacht rights and others following

the system that has been regulated. in UUPA which must first be converted according to

the implementing regulations.

b) Land rights according to customary law.

Ownership of land with native rights (Bumiputera) which is subject to customary law

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where unwritten law applies so there is no written evidence on the land in question.

Types of land rights according to customary law include customary land rights, real

estate, customary land, and gogolan land.

Legal Status of Land Rights of the Former Eigendom Verponding After the Issuance of the

Conversion Rules.

The agrarian constitution is a constitution that contains the foundation regarding the

relationship between the state and citizens towards land and other natural resources, the

agrarian constitution is to see how the constitution of a country formulates agrarian justice and

agrarian relations concerning tenure, ownership, use and utilization and management of land

and other natural resources in its constitutional document (Arizona, 2014) . The plan of lawful

relations with individuals in controlling normal assets contained in Article 33 of the 1945

Constitution of the Republic of Indonesia is ordinarily alluded to as the state's all in all correct

to control as a control capability for the state to direct regular assets for the best flourishing

individuals (Mujiburohman, 2021) .The right to control the state is the only material right

explicitly granted by the constitution to the Indonesian state (Kusumadara, 2013) .

State control over land, the state can give such land to an individual or legitimate element

with a right as per its assignment and requirements, for instance, property freedoms,

usufructuary privileges, building usufructuary freedoms, or usufructuary privileges, or give it in

administration to a decision office to be utilized for the exhibition of their separate obligations.

State control over land is likewise restricted by standard freedoms from legitimate local area

units (Clarification of the Essential Agrarian Regulation).

In view of the authority acquired from the state's all in all correct to control to manage

legitimate relations between legitimate subjects and land, the public authority can decide

diverse sorts of land freedoms (Article 4 related to Article 76 of the Essential Agrarian

Regulation). A progression of specialists, commitments, as well as denials for the holder of the

option to take care of the land, something reasonable, required, or restricted to do, the items in

the right are restricted and joined by the commitment to keep up with the land including

expanding its fruitfulness and forestalling its harm (Article 15 of the Essential Agrarian

Regulation ). All joint endeavors in the agrarian field should be founded on normal interests

inside the system of public interests (Article 12 passage (1) of the Fundamental Agrarian

Regulation) and keeping up with land is the commitment of each and every individual,

legitimate element, or foundation having a lawful relationship with the ground. That is, each

award of privileges by the state to people or lawful substances should be joined by

commitments that should be done by the right holder by the assignments and prerequisites as

specified in the choice on conceding the freedoms (Mujiburohman, 2021) .

Land law during the reign of the Dutch East Indies used a western land law system with an

individualistic concept. The highest land tenure rights are private property rights called

eigendom rights (B Harsono, 2002) . Eigendom rights over land are stated in Article 571

Chapter Three of Book II of the Civil Code. It is said, "The right of ownership (eigendom) over a

plot of land contains in it the ownership of everything that is on it and in the land" (Syarief,

2014) .Article 570 Chapter Three Book II of the Civil Code states:

"Property right is the right to enjoy the use of a material object freely and to act freely on a

said object with full sovereignty, as long as it does not conflict with laws or general regulations

stipulated by a power that has the right to determine it and does not interfere with the rights of

other people. , all of this without reducing the possibility of revocation of said right in the public

interest based on statutory provisions and with the payment of compensation."

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With the declaration of the Essential Agrarian Regulation, the arrangements of Book II of

the Common Code to the extent that it concerns the land, water, and normal assets contained in

that are canceled. As a help for the Essential Agrarian Regulation, explicitly for the place that is

known for the previous eigendom freedoms which were erased, it is managed in Official

Declaration Number 32 of 1979 concerning Standards of Strategy With regards to Giving New

Privileges to Place that is known for Unique Transformation of Western Freedoms. As a

development to the Official Pronouncement, Pastor of Home Undertakings Guideline Number 3

of 1979 was given concerning Arrangements Concerning Applications and Conceding of New

Privileges to Place that is known for Beginning for Change of Western Freedoms. According to

Nur (Nur, 2015) expressed that the motivation behind the two guidelines is to stress the

situation with land as land straightforwardly constrained by the state, toward the finish of the

right to the place that is known for beginning of the change of western freedoms, it is likewise

planned to manage generally speaking approach to re-organize use, control, and land

possession.

The Essential Agrarian Regulation directs the change arrangements in the second part

which comprises of Article I to Article IX. Something managed in the terms of transformation is

the presence of the previous land with eigendom privileges. The Essential Agrarian Regulation

has given a period limit for change until September 24, 1960, unfamiliar rights who own

property in view of the Common Code should move these freedoms to Indonesian residents in

no less than one year, on the off chance that their privileges fall flat, the land will become land

that profits to state control.

In Article I, the arrangements on the Transformation of the Fundamental Agrarian

Regulation express that eigendom freedoms over land that existed at the opportunity this

regulation happened have since become property privileges, just conceivable assuming the

subject of the privileges has turned into an Indonesian resident on September 24, 1960.

Outsiders, double citizenship, and legitimate substances can't have proprietorship freedoms,

just convertible into building use privileges with a term of 20 years. On the off chance that the

eigendom right is hampered with an opstal right or an erfpacht right, then the opstal right and

the erfpacht right become a structure utilize right, which burdens the proprietorship right

being referred to for the excess season of said opstal right or erfpacht ideal for a limit of 20

years.

Conversion can take place in several ways; first, solely due to law, for example, an erfpacht

right for a large plantation is directly converted into a usufructuary right with a maximum

period of 20 years. Second, constitutive conditions must be met for conversion, so that it can be

converted into certain rights, for example, an eigendom right is converted into a property right,

and the owner must prove that he is an Indonesian citizen. If it does not meet these

requirements, it will be converted into a building use right with a term of 20 years. Third,

conversion requires a declaratory requirement, namely the holder of the right must first apply

to the Minister of Agrarian Affairs so that the right can be converted into a usufructuary right.

This provision applies to holders of concession rights and lease rights for large plantations

(Article IV of the Conversion Provisions) and the application must be submitted within one year

of the entry into force of the Basic Agrarian Law (Wirawan, Silviana, & Widowaty, 2022) .

With the execution of this transformation, the term of previous Western freedoms in

Indonesia finished on September 24, 1980, there was only one type of land law that applied

simultaneously in all Indonesian territories, no longer recognized land with customary rights or

land with western rights, so a uniformity of rights was formed. land. The Basic Agrarian Law

aims to create unification in the field of land law and end foreign rights to land.

The land privileges of the previous eigendom freedoms that were not changed over and

not moved to outsiders were lost and the land was again constrained by the state. The state

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unilaterally declares that the land is back under its control and the state is free to hand over the

rights to the land to third parties at the request of those who are interested (Parlindungan,

2001: 6). For eigendom rights belonging to foreigners given a deadline of 24 September 1960,

owning land must transfer these rights to Indonesian citizens within one year. As stipulated in

the provisions of the conversion of Articles I to VI of the Basic Agrarian Law and Presidential

Decree Number 32 of 1979, confirmed by Regulation of the Minister of Home Affairs Number 3

of 1979.

Eigendom privileges are one of the land freedoms that were active under the watchful eye

of the Essential Agrarian Regulation, and after the Fundamental Agrarian Regulation became

effective by the arrangements of the transformation of Article I, these privileges are changed

over into property freedoms except if the holder of the eigendom freedoms doesn't meet the

prerequisites. Change of eigendom freedoms into property privileges in the event that the

proprietor is an Indonesian resident on September 24, 1960, or a lawful element. On the off

chance that the proprietor has a place with an outsider, it is changed over into a structure

utilize right with a term of 20 years. Eigendom rights can be converted into usufructuary rights

if used for the residence of the head of the foreign mission. If the holder of the eigendom right

does not meet the requirements as a right holder, then his right to the land is nullified, and the

land has the status of being state land, and any legal subject who fulfills the requirements can

apply for that land. Then, it depends on the state to hand over to who has the right as specified

in Article 2 of the Basic Agrarian Law regulating its allocation and Presidential Decree No. 32 of

1979 which regulates who has priority rights over the land.

4. Conclusion

Eigendom freedoms are one of the land privileges that were active under the watchful eye

of the Fundamental Agrarian Regulation, and after the Essential Agrarian Regulation happened

by the arrangements of the change of Article I, these freedoms are changed over into property

privileges except if the holder of the eigendom freedoms doesn't meet the necessities.

Conversion of eigendom rights into property rights if the owner is an Indonesian citizen on

September 24, 1960, or a legal entity. In the event that the proprietor has a place with an

outsider, it is changed over into a structure utilize right with a term of 20 years. Eigendom

rights can be converted into usufructuary rights if used for the residence of the head of the

foreign mission. If the holder of the eigendom right does not meet the requirements as a right

holder, then his right to the land is nullified, and the land has the status of being state land, and

any legal subject who fulfills the requirements can apply for that land. Then it depends on the

state to hand over to who has the right as specified in Article 2 of the Basic Agrarian Law

regulating its allocation and Presidential Decree No. 32 of 1979 which regulates who has

priority rights over the land.

Priority rights are sequences of recipients of land rights, for people who meet the

requirements and occupy state land with former eigendom rights are given priority to apply for

land rights. However, in land administration practices, there are civil rights held by former

rights holders whose civil rights can be erased by providing compensation. Granting of state

land can only be granted if there is an agreement with the former rights holder regarding

compensation. If there is no agreement with the former holder of the eigendom right, the land

administration rights cannot be registered. What rights can be granted, namely property rights

or building use rights for Paperma and management rights for Regional Governments regarding

the priority rights in Presidential Decree Number 32 of 1979?

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