The Future of Land Ownership Regulation in Indonesia

Indonesia is a state of law. all aspects of social, national and state life including government mustbe based on laws that are in accordance with the national system. indonesian land law is an independentlaw. based on the 2010 badan pusat statistik census, indonesia has recorded 1340 ethnic groups. withthis number of diversity, undang-undang nomor 5 tahun 1960 (uupa) explains that customary law isthe original legal source of land law in indonesia. however, uupa provides further understanding thatcustomary law is adjusted to the awareness and legal situation of the wider community. then it wasperfected with the interests of the people in a modern country and in its relations with the internationalworld, and adjusted to indonesian socialism. the challenges in regulating ownership of land rights consistof two challenges, namely challenges at the internal level from the government and external challengesfrom the government. the internal challenges from the government are the transition from a negativepublicity system of land registration to positive publicity, the division of authority between the centre andthe regions, the recognition of indigenous communities. while the external challenges from thegovernment are the completion of the land mafia, community participation in ensuring legal certaintywith land registration in the form of certificates. the future arrangements for ownership of land rightsbased on their term are classified into two, namely the short-term future and the long-term future. theshort-term future that can be done is to immediately implement existing legislation such as the mandate ofundang-undang nomor 23 tahun 2014, instruksi presiden ri nomor 2 tahun 2018, keputusan presidenri nomor 20 tahun 2018, peraturan presiden ri nomor 86 tahun 2018. the future of land ownershiparrangements in indonesia needs to prepare big things such as the implementation of the omnibus lawrelated to land affairs in encouraging investment progress and ease, steps to implement a positivepublicity system in ensuring legal certainty, digitizing land services and improving governance that isbased on good governance principles.