Jurnal Konstitusi
Vol 4, No 2: November 2011

REKONSTRUKSI SISTEM BIROKRASI PERTANAHAN MENUJU KONSEP KEADILAN DALAM KERANGKA POLITIK HUKUM AGRARIA: TINJAUAN TERHADAP IMPLEMENTASI KETETAPAN MPR RI NO. IX/MPR/2001.

Handoko, Widhi Widhi (Unknown)



Article Info

Publish Date
27 Dec 2012

Abstract

The use of the impure negative ‘stelsel’ in the land law system in Indonesia might make the  bureaucratic system and the public service of the National Land Agency not work  well.  The system  shows many weaknesses and ill-structures. And its main weakness is that the government issues some evidence of ownership in the form of certificate  that may function as a formal evidence, where the evidence of land possesion is marked by a land certificate as a absolute  evidence. But the government is not responsible for the validity  of either physical or juridical data in the certificate. Moreover, the government does not regulate how the  National Land Agency should be responsible for issuing the certificate on the rights to the land. The National Land Agency   should be designed to support democratization and the establishment of clean and good governance, namely a government that may grow into a rational, transparent government, and  that possess a competitive attitude among departments in giving services, that support law enforcement and that is willing to  give a public accountability  regularly.  In reality, the bureaucratic system in the National Land Agency is quasi in nature, since it is characterized by suspense and conflicts among various  social structure with various interests based on the operation and exploitation, as a result, the social justice as idealized by the state will not be reached.

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