The land plays role important in every aspect life humans on Earth. Most of them man depends on the results utilization land For endure life , especially For build home and planting seed for Plantation or agriculture , even as a nation , land is internal regional elements state sovereignty . Therefore that , land for the Indonesian nation has connection eternal and characteristic magical religious, which must maintained and utilized with OK . Rules about land national at first loaded in Article 33 paragraph (3) of the later 1945 Constitution set up outline with coming into effect Constitution Number 5 of 1960 concerning Basic Rules of Procedure Agrarian . Law This more known with designation Constitution Main Point Agrarian Law (UUPA). As a the law that regulates in outline and main points , then UUPA later followed by with various regulation government like Regulation Government Number 10 of 1961 and later replaced with Regulation Government Number 24 of 1997 concerning Land Registration .
Amount land needed man Keep going increase along with speed development in all field . Along with growth population and formation in various field life , including economic , social , cultural , defense and security . Utilization land must customized with condition and nature his rights so that beneficial for well-being and happiness owner land at a time for society and the state. Certainty law to ownership a right on land of course it is very desirable for holder rights . Efforts that lead to to direction certainty about right on land the can seen from existing rules . Existing provisions in Constitution Main Point Agrarian Law (UUPA), namely Article 19, in verse (1).
of Article 19 pointing to government as a instructions , so that throughout Indonesia there will be registration land for the purpose For ensure certainty law . This is different with the provisions contained in Articles 23, 32, and 38 of the UUPA it is aimed at to the holders the rights concerned , with the aim is for them to can to obtain certainty about his rights , then right on land owned must registered . As for the registration That will held with keeping in mind the interests as well as state and society , needs traffic social economy and its possibilities in field personnel and equipment . Therefore that , then will come first its implementation in cities For slow later increased on the covering cadastre throughout the country. [1]
Ministry of ATR/BPN, which is ministry responsible government answer For manage registration land in Indonesia, has try For speed up the registration process land with apply various models of work programs and projects as well as other related innovations with registration land . [2] Project Program Operation National Agrarian or abbreviated as PRONA is one of the initiative registration land that is done government . Project National Agrarian Operation or PRONA is regulated in the Decree of the Minister of Home Affairs Number 189 of 1981 concerning Project National Agrarian Operation . [3]
PRONA is gathering action certification land mass throughout the administrative area village , sub-district , or other name. [4] According to Article 19 paragraph (2) letter c UUPA, the certificate is letter sign proof the rights mentioned above For right on land , management land endowment , right owned by on unit House arrange , and rights each person 's responsibility has recorded in book the land in question . The purpose of project This is For give service registration land first time throughout Indonesia through a simple , easy , fast and simple process . Statement the set up in Article 1 number 1 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency Number 4 of 2015 concerning PRONA. [5]
However in matter This , PRONA is assessed Not yet can finish problem implementation registration land Because the condition rated not enough can fulfil objective registration land or walk Enough slow . Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency Number 6 of 2018 Concerning Systematic Land Registration Complete is the latest program created by the government For fulfil need public will Indonesian law and achieve objective Land Registration . Based on Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency Number 6 of 2018 Concerning Systematic Land Registration Complete Article 1 paragraph (2) Systematic Land Registration Complete next called PTSL is activity registration land For the first time it was done in a way simultaneously for all object registration land throughout the territory of the Republic of Indonesia in one village / sub-district area or other names of the same level with that , which includes collection of physical data and legal data about One or a number of object registration land For needs registration . [6]
The implementation of the PTSL program is expected can creating real development for Indonesia, and ensure reception certificate appropriate targets , so that the community can start improvement quality a better life good . Acceleration program registration land in a way systematic the financed by the government , with still provide facilities and infrastructure for incentive self-reliance as well as Community participation . Formulation problem from study This is How is it? The role of the National Land Agency in realizing the Systematic Land Registration Program Complete (PTSL) in Makassar City? How is it? obstacles faced by the National Land Agency in implementation Systematic Land Registration Complete (PTSL) in Makassar City?
Viewed from aspect focus his study , research law that is carried out including in type study empirical . Empirical Legal Research is study law that seeks For see law in real meaning or can it is said see , examine How its working law in society . The approach used For answer formulation problem in study law use a number of approach . [7] Approach the covering approach legislation (statutory approach ), approach conceptual ( conceptual approach) and approach historical ( historical approach). As for what can be made into object in study with approach doctrinal in nature normative is data in the form of primary materials and materials law secondary as well as material law tertiary . [8] Study This done through studies library search , library study research or which is of a nature normative only with reading or analyze ingredients written . [9] Collection techniques material the law that will used in study This is through interviews and library research, namely technique collection material law with search , record , inventory , study books , literature , regulations legislation , results study previous , and related documentation with the problem being studied .
Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency Number 6 of 2018 Concerning Systematic Land Registration Complete is to realize Contents from Constitution the especially in related articles with Systematic Land Registration Complete . Activities Systematic Land Registration Complete according to Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency Number 6 of 2018 Concerning Systematic Land Registration Complete . Done by the government and the community. in do registration land . [10] This is also explained in Article 1 paragraph (2) of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency of the Republic of Indonesia concerning Systematic Land Registration Complete which states that , " Systematic Land Registration" Complete next abbreviated PTSL is activity Land Registration for the first time it was done in a way simultaneously for all object Land Registration throughout the territory of the Republic of Indonesia in one village / sub-district area or other names of the same level , which include legal data about One or a number of object Land Registration for needs registration . [11]
Makassar City Land Office is institutions under under the auspices of the National Land Agency (BPN) of the Republic of Indonesia, which has duties and functions For manage affairs land in the Makassar City area. [12] This office responsible answer in various activity administration land , such as measurement , registration , certification land , land data management , and give service related ownership and transfer right on land . So that responsible answer and have policy For do service in frame efficiency and effectiveness implementation activity Systematic Land Registration Complete (PTSL). Activities This Already implemented since 2017 in Makassar City. [12]
Systematic Land Registration Complete (PTSL) is activity registration land that is done in a way simultaneously , covering all object registration undeveloped land registered in a village area and sub-district . With existence Systematic Land Registration Complete (PTSL), the community obtains certainty law on the land assets owned . Mr. Aswar Rahma as Deputy Chairman Field Legal in implementation Systematic Land Registration Complete (PTSL) in Makassar City confirms that :
" Registration land systematic complete (PTSL) helps in increase Community welfare . One of for example give convenience to access to business capital . Certificate land can used as collateral at the bank. The most important is For prevent disputes later day .” [13]
In implementation activity Systematic Land Registration Complete There is a number of activities carried out by the organizer Land Registration , namely : Planning , Determination location , preparation , formation and determination committee PTSL adjudication and units assignments , Counseling , Collection of physical data and legal data , Research of legal data and evidence rights , Announcement of physical data and legal data as well as its ratification , Affirmation conversion , recognition rights and grants rights , Bookkeeping rights , Publishing certificate right on Land , Documentation and Submission results activities and, Reporting . [14]
Based on the description above , can concluded that task The first was carried out by the National Land Agency through Organizer Systematic Land Registration Complete is develop a certification program cross sector , namely the certification program mass self-reliance society . For increase efficiency and effectiveness implementation Systematic Land Registration Complete (PTSL), Head of Land Office in a way gradually set location distribution of Systematic Land Registration targets Complete (PTSL). The Head of the Regional Office of the National Land Agency (BPN) can do mobilization / assignment employee from National Land Agency Regional Office and from the Land Office to another Land Office with pay attention and consider availability source Power humans in the environment of the Land Office and the Regional Office of the Land Agency . [15]
Second , through determination location . Head of Land Office set location activity Systematic Land Registration Complete (PTSL) in the work area . Determination location can done in one village / sub-district area or in a way gradually in One overlay . Prioritized on location existing villages / sub - districts PRONA/PRODA activities , cross sector , and/ or registration program land mass others , or based on availability of legitimate funds in accordance with provision regulation legislation , for 1 ( one ) PTSL village / sub-district , and taking into account ability source Power human / officer PTSL implementers at each Land Office .
The counseling was carried out by the Head of the Land Office along with Committee PTSL Adjudication , Task Force Physical and Task Force Juridical . Done with give least explanation about :
Benefits for society, government and the state results PTSL implementation , PTSL stages and mechanisms , Determination and installation boundary marks of each field land . Document Legal matters that are necessary prepared . Measurement schedule field land and legal data collection by the Task Force Physical and Task Force Juridical . Final result PTSL activities . Funding provided by the government and/ or other legitimate sources through PTSL activities . As a result the law that occurs if obligations and responsibilities the answer referred to in letters c and d above No fulfilled . The right to submit object on results adjudication announced during term time announcement . Costs and/ or tax that will be borne by the participants PTSL activities .
Based on description counseling conducted by the Land Agency on so can researcher conclude that one of stages counseling that is carried out that is financing provided by the government and/ or other legitimate sources through activity Systematic Land Registration Complete (PTSL). Makassar City Land Office does not to pick up cost in activity Systematic Land Registration Complete (PTSL).
From several description as well as conclusion from researcher on related activities carried out by the Land Agency Office in implementation and counseling related to the Systematic Land Registration Program Complete (PTSL) in Makassar City has in line and has covers A little the amount what is becoming obligation government and government area in Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Systematic Land Registration Complete article 1 paragraph (2) which reads :
Systematic Land Registration Complete next abbreviated PTSL is activity Land Registration for the first time it was done in a way simultaneously for all object Land Registration throughout the territory of the Republic of Indonesia in one village / sub-district area or other names of the same level with that , which includes collection of physical data and legal data about One or a number of object Land Registration for needs registration .
Success to Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Systematic Land Registration Complete the Then realized in form registration land For first time with size amount applicant registration land For register land his that has not been have certificate . Based on interview with the vice chairman field legal in implementation Systematic Land Registration Complete at the Makassar City National Land Agency office amount applicant Land Registration in the Systematic Land Registration Program Complete in Makassar City, Mr. Aswar Rahma also emphasized that :
“ Systematic Land Registration Program Complete in Makassar City has been implemented since 2017. In 2023, the target is 3,000 fields. land and by 2024 it will reach 1000 plots land ."
Systematic Land Registration Program Complete can make it easier public in do application registration land and realize certainty law and protection law right on land public based on principle simple , cheap , fast , smooth , safe, fair , equitable and open as well as accountable . So that can increase welfare and prosperity society and the country's economy , as well as reduce disputes and conflicts land . In case This is the National Land Agency Office in Makassar City, a little bit the amount has to realize what is becoming objective from the Systematic Land Registration program Complete namely : aimed at For realize giving certainty law and protection law right on land public based on principle simple , cheap , fast , smooth , safe , fair , equitable and open as well as accountable , so that can increase welfare and prosperity society and the country's economy , as well as reduce and prevent disputes and conflicts land .
In every policies , programs and activities implemented Makassar City Government always there is factor or obstacles that hinder implementation Systematic Land Registration Complete (PTSL) according to Regulation of the Minister of Agrarian Affairs and Spatial Planning Head / National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Systematic Land Registration Complete . Where are the obstacles ? the must fixed and minimized For give improvement welfare in sector registration land so as not to experience failure .
National Land Agency Office is element executor affairs government in the field of registration the land that becomes authority area . The Makassar City National Land Agency Office is agency vertical National Land Agency in the Regency /City which is under and responsible for answer direct to the Minister through Head of the BPN Regional Office. Responsible answer and have policy For do service in frame efficiency and effectiveness implementation activity Systematic Land Registration Complete (PTSL). [16]
Registration land is series activities carried out by the government in a way Keep going continuous , ongoing and regular , including collection , management bookkeeping , and presentation as well as maintenance of physical data and legal data , in form maps , and lists, regarding fields land that has been There is his rights and rights owned by on unit House stack up as well as rights certain burdens that burden him . [17]
Implementation registration land according to Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Systematic Land Registration Complete covering field land without except , well field undeveloped land There is right on the land and field land the right to have right in frame repair registration data quality land . The purpose of accelerating PTSL is For realize giving certainty law right on land public based on principle simple fast , smooth , safe , fair , equitable and open as well as accountable , so that can increase welfare and prosperity society and the country's economy , as well as reduce and prevent dispute conflict land . [4]
In line with principle the principle is also implemented real and responsible autonomy answer . Principle autonomy real is principle that in implementation or Handling affairs government area based on actual duties , authority and obligations has exist and have potential For grow and develop in accordance with potential and uniqueness area . With thus content and type autonomy good every area No always The same with area others . What is meant by with responsible autonomy answer is that deep autonomy its implementation must truly in line with purpose and intent giving autonomy . Goals and objectives giving autonomy area is For to launch development and spread throughout remote area homeland , and in the end realize welfare of society in general fair and equitable conditions the is part main from objective national . [18]
Implementation service government No forever walk with Good as we expect , sometimes in do service as a government apparatus often experience a number of constraint or factor inhibitor . Therefore That Of course just There is a number of obstacles faced by the Makassar City National Land Agency Office related to problem related to that . with matter this , researcher do interview with Mr. Aswar Rahma as Deputy Chairman Field Legal in Implementation of the Systematic Land Registration Program Complete (PTSL) in Makassar City, he state that :
"In the implementation Systematic Land Registration Complete (PTSL) several from society that has field There is a lot of land in Makassar City that is not settle down here so that when want to request completeness document usually need longer time compared to other areas . letter information expert inheritance normal There is One or a number of member expert heirs who have move domicile Owner land that is still on behalf of his parents must be made letter information expert inheritance For Can follow the Systematic Land Registration program Complete This ."
Based on results interview researcher with Mr. Aswar Rahma as Deputy Chairman Field Legal , related obstacles faced by the Makassar City Land Office in Implementation of the Systematic Land Registration Program Complete (PTSL) namely :
Change of Heirs' Domicile: Many experts the heirs who have No settled in Makassar City. This is influence time required For look after completeness documents required time longer than other areas .
Heir Certificate : For land that is still recorded on behalf of the parents , required letter information expert inheritance . Problems arise If There is expert the heirs who have move domicile , because This slow down the administration and verification process document .
Complex Registration Process : Systematic Land Registration Complete (PTSL) requires completeness administration that can become more complicated If There is expert heirs living abroad area or If document No complete .
Interview results researcher with Mother Nurfitriani as staff employees at the National Land Office and as members of the community involved in the Systematic Land Registration program Complete (PTSL) in Makassar City said that during this Land Registration process No there is the obstacles that are felt so much , regarding filing returned again by each registrant of course have constraint alone .
Based on results the interview above in a way general , can concluded that in Implementation of the Systematic Land Registration Program Complete (PTSL) already walk with Good But Still There is a number of obstacles that make Makassar City Government , especially the National Land Agency in realizing PTSL. Where are the obstacles faced ? Now is a points important or influential to Implementation of the Systematic Land Registration Program Complete . Like completeness files by the applicant .
Land Agency in Realizing a Systematic Land Registration Program Complete in Makassar City , namely stage planning , determination location , preparation , formation and establishment committee PTSL adjudication and units assignments , counseling , collection of physical data and legal data , legal data research and proof rights , announcement of physical data and legal data as well as its ratification , confirmation conversion , recognition rights and grants rights , bookkeeping rights , publishing certificate right on land , documentation and handover results activity as well as reporting . Obstacles faced by the Makassar City National Land Agency in realize Systematic Land Registration Complete that is Lots expert the heirs who have No settled in Makassar City. This is influence time required For look after completeness documents required time longer than other areas of the Makassar City Land Office in running a Systematic Land Registration Program Complete (PTSL) in collaboration with public Give good socialization regarding the registration program land This so that speed up this program walk . Give certainty law and protection law right on land public based on principle simple , cheap , fast , smooth , safe , fair , equitable and open as well as accountable , so that can increase welfare and prosperity society and the country's economy , as well as reduce and prevent disputes and conflicts land .