AKIBAT HUKUM PENGGUNAAN SISTEM PUBLIKASI NEGATIF BERUNSUR POSITIFDALAM PENDAFTARAN TANAH DI KOTA SEMARANG

Abstract

Certificate of land is proof of ownership of a land, the holder could lose the rights if there is a lawsuit from another person. The purpose of this research is to find out why a certificate of land still can be changed, problems from negative publication system and how to solve it, and the consequences of a negative publication system. The method of this research is empirical juridical. The results of the research shows that certificates can still be changed because the publicity system used is positive negative, certificates of land are strog but not absolute proof. The problem from negative publication system is the lack of legal certainty for landowners listed in the certificate. The legal consequence of using a negative publication system in land registration is if it is proven that the owner obtained the land by violating the principle of nemo plus juris and not in good faith, the ownership and rights can be erased. Although the publication system in Indonesia is negative with positive element, the positive element has not yet been realized, because in land registration it is nearly pure negative, so the legal guarantee for land owners is still lacking.