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| Jady Zaidi Bin Hassim as Dean of the Faculty of Law at Universiti Kebangsaan Malaysia, receives a souvenir from UMM (Photo: Rosihan PR UMM) |
The land registration system adopted by Indonesia is contained in several laws. This resulted in overlapping land ownership. This was conveyed by Assoc. Prof. Dr. Jady Zaidi Bin Hassim as the Dean of the Faculty of Law at Universiti Kebangsaan Malaysia. Meanwhile, he became a speaker in a guest lecture held by the Faculty of Law, University of Muhammadiyah Malang, on December 17, 2022.
Furthermore, Jady explained that the number of regulations in several laws created legal uncertainty, even if it caused a loss. As for land regulation in Indonesia, it is included in several directions, such as Supreme Court Decision No. 495 of 1975. Then it is also in Government Regulation No. 24 of 1997 concerning Land Registration and Law no. 5 of 1960 concerning Basic Agrarian Regulations (UUPA).
“Those harmed can be from the government, namely the National Land Agency (BPN) or the community whose ownership rights to their land are threatened. Because there is a possibility of overlapping land certificates," he said.
He also had time to compare it with Malaysia. When someone holds the land's rights, the owner is considered inalienable. This means that no one can question land ownership based on land rights. Only the same person can transfer land through land rights to another person at the Land Office.
“In Malaysia, land regulations use the Torrens system. The principle of the system is that the registered owner has indisputable rights. Certificates can be sued if there are problems or indications of fraud," he said.
He explained that in Malaysia's land regulations, if he has occupied the land for a long time, for example, 10 or 20 years, the land is not registered with the government. He is not considered the official owner. So it is essential to register land with the government so that there is protection.
“Usually, issues related to land are rife with fraud. Usually, fraud takes the form of the falsification of documents. Even direct forgery of fingerprints and signatures," he said.
Jady showed data in Malaysia from 2010 to 2019 that there was much fraud. Most of them involve land issues. Moreover, nowadays, people are more competent at using digital systems, making cheating easier.
“An important issue to raise is how technology can properly protect land ownership—several studies from Indonesia related to information technology systems that can protect land ownership in Indonesia. The results must be exciting because technology is usually very close to young people compared to older people like me," he said.
Meanwhile, the Dean of the Faculty of Law UMM, Dr. Tongat, M. Hum. also hopes that the material provided can provide new experiences and insights for students. Mainly in the land system in Indonesia and Malaysia.
On that occasion, the Faculty of Law of UMM and the National University of Malaysia signed a collaboration. That way, there will be many collaboration programs that both can carry out. "Previously, we also collaborated with Young San University. Of course, this collaboration can widen the opportunities for fellow students to take part in exchanges to various countries and study law there," he concluded. (cdr/ros/wil)
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