The Legal Element of Fixing the Boundary for Indonesian Complete Cadastre

Abstract

In 2017, the Indonesian government implemented the systematic land registration (PTSL) process, projected to be finished by 2025. However, this process faces some challenges in the spatial and legal data collection process, resulting in the Indonesian cadastral system still being incomplete. For instance, during the three years of its implementation, out of about 135 million parcels, only 49.5% have been registered. Therefore, the level of completeness needs to be improved. This research aims to assess the compliance of the fixed boundary process’ legal elements, such as the parties that locate the boundary, agreement between the adjoining landowners, and boundary markers. This is a piece of qualitative research in which the data were obtained through interviews from questionnaire surveys to land administration policymakers. Subsequently, the research carried out regulation assessments to develop a country-context cadastre typology of the current cadastral mapping activities. Data were obtained from the results of the PTSL campaign in the Madiun regency. The result showed that the high percentage (i.e., 96.61%) of legal elements regarding the boundary agreement in a rural area could be used as a potential enabler towards achieving completion of the Indonesian cadastre.

Fit-for-Purpose Land Administration—Providing Secure Land Rights at Scale

“…Martono et al [28] aim to establish the distinction between physical and legal elements in determining cadastral boundaries in Indonesia. Interviews were conducted for this purpose, and six "cadastral elements" have been investigated and assessed: the parties that locate the boundary, the agreement between the adjoining landowners, the use of boundary markers, the role of the determination officer, the survey method, and the accuracy of the base map.…”

Mengatasi permasalahan pertanahan dengan gotong royong dan mengangkat ekonomi kerakyatan dengan sertipikasi tanah

“…Namun demikian, sekelompok peneliti mengakui dan menuliskan bahwa pendaftaran di Indonesia memang sulit di laksanakan dan sangat pelik (Dower & Potamites, 2014;Duile, 2020;Kraus et al, 2021;Riyadi & Atmoredjo, 2020). Martono et al, (2021) membahas bahwa kepatuhan proses hukum mempengaruhi tahap pengumpulan data fisik dan data yuridis dalam PTSL. Unsur-unsurnya dimulai dari peletakan tata batas, kedisiplinan para pihak yang menetapkan batas hingga kejelian para pihak yang meneliti berkas pasca pengumuman.…”

Land Procurement for Public Interest Against Destroyed Land: Natural Events and Legal Certaint

“…Measurements to obtain land parcels affected by land acquisition are carried out by Task Force A of the land acquisition committee as referred to in Article 60 Paragraph (1) of Government Regulation 19 of 2021 concerning Implementation of Land Procurement for Development in the Public Interest. By the provisions of laws and regulations, the boundary measurement of the plot is carried out by the designation of the boundary by the landowner with the approval of the owner of the adjacent land parcel [30]. The existence of areas submerged by tidal flooding at the land acquisition site was first noticed by Task Force A during the measurement process.…”