ACTANOVA SCHOLARLY ARCHIVE
JCL Vol. 3, No. 3.1 (2026) pp. 1-14 Open Access Metadata Indexing Ready

Reconstruction of the Negative Publication System for Land Registration to Achieve Legal Certainty and Legal Protection for Rights Holders

Anggiat Tobing
Megawati Barthos
Institutional Publisher / Affiliation: Indonesian Journal Publisher

Abstract

The land registration publication system plays a crucial role in establishing legal certainty, rights protection, and the stability of land transactions. Indonesia implements a negative publication system with a positive tendency, in which land certificates are recognized as strong evidence but remain open to lawsuits. This situation creates a paradox between the need for legal certainty and the demands of substantive justice, as certificate holders who have legally obtained rights still have the potential to face disputes in court. This study aims to analyze the construction of the land registration publication system in Indonesia, identify problems that affect legal certainty and protection, and formulate a reconstruction model that is more responsive to developments in legal practice and the digitalization of land administration. The research method used is normative juridical with a statutory, conceptual, and comparative legal approach. The analysis is conducted on the national regulatory framework, land law doctrine, and judicial practice, which demonstrates differing interpretations of the evidentiary power of certificates. The results of the study indicate that the main weaknesses lie in the absence of strong state guarantees, regulatory fragmentation, and suboptimal protection for buyers in good faith. The reconstruction of the publication system is aimed at a hybrid model that strengthens positive elements without neglecting corrective mechanisms, the development of a compensation scheme based on state responsibility, and the harmonization of regulations that support the integration of digital land registry systems. A comparative approach to the Torrens system in Australia and continental European registration models provides lessons on the importance of rigorous initial verification, data transparency, and clear assurance mechanisms to increase public trust in the land registration system.
Keywords:
Land Registration Publication System Legal Certainty Legal Protection Land Certificates Reconstruction Of The Publication System land system legal publication registration certainty

How to Cite & Export Metadata

Full-Text PDF Document

Live Preview
Having trouble viewing? Use the controls or open in a new tab. Source Portal Galley
Machine-Readable Indexing Metadata (Dublin Core) ↓
<meta name="citation_title" content="Reconstruction of the Negative Publication System for Land Registration to Achieve Legal Certainty and Legal Protection for Rights Holders">
<meta name="citation_journal_title" content="Journal Customary Law">
<meta name="citation_issn" content="3026-460X">
<meta name="citation_volume" content="3">
<meta name="citation_issue" content="3.1">
<meta name="citation_publication_date" content="2026">
<meta name="citation_doi" content="10.47134/jcl.v3i3.1.5790">
<meta name="citation_author" content="Anggiat Tobing">
<meta name="citation_author" content="Megawati Barthos">
Digital Archival & Preservation Notice (COPE Aligned)

This page represents an archival record of the peer-reviewed manuscript published by Indonesian Journal Publisher. ActaNova provides permanent digital preservation and global open metadata accessibility. Copyright of the manuscript remains with the original authors or publisher in accordance with their designated license.

Indexing Readiness Status

Google Scholar Tags Active
Dublin Core & OAI-PMH Compliant
DOAJ XML Schema 4.0 Valid
DOI Identifier Registered

Publication Details

Cover
Journal Customary Law Vol. 3 No. 3.1 (2026)
Managed By Indonesian Journal Publisher
Publication Date June 05, 2026
eISSN (Online) 3026-460X
Preserve & Index
Archive My Journal — Free