KEDUDUKAN PEMBUKTIAN HAK LAMA DALAM RANGKA PENDAFTARAN HAK ATAS TANAH DI INDONESIA

Status Of Evidence For Preexisting Rights In The Context Of Land Rights Registration In Indonesia

Abstract

Following the establishment of the Job Creation Law and the associated regulations found in PP 18 of 2021, there were significant alterations made to the validation of existing rights that had earlier been governed by the rules of PP 24 of 1997. This transformation will undoubtedly affect the legal status of the evidence related to these existing rights. The purpose of this research is to examine the status of evidence for older rights concerning land rights registration within Indonesia, employing a normative research methodology. Additionally, the work utilizes both a statutory approach and a conceptual framework. Notably, there exist discrepancies in how evidence of existing rights is treated between PP 24 of 1997 and PP 18 of 2021. In PP 24 of 1997, evidence of older rights was acceptable for the registration of land rights. In contrast, PP 18 of 2021 mandates that evidence of individual old rights needs to be registered within a maximum timeframe of five years. Should the registration not occur within this designated period, the evidence will no longer serve as valid proof for land rights and will merely act as an indication for the process of land registration.