Bina Desa Bona, Faculty of Law, Udayana University Collaborates with LBH Lingkar Karma Interns to Present Asset Ownership Governance Forum

Students from the Faculty of Law, Udayana University (Unud) held a collaborative work program between MBKM Bina Desa Bona and LBH Lingkar Karma Independent Internship through Socialization of Agrarian Reform Synergy Law, which was held on Saturday, May 11 2024. This socialization activity started from community confusion regarding the clarity of positive law regarding protection of land ownership rights, with the theme Optimizing the Utilization of Space Through Arranging Access and Assets for a Just Society.

This activity was attended by 3 speakers, namely, Dr. Made Gde Subha Karma Resen, S.H., M.Kn, Wehelmins Linda Herlophina Dethan, S.T, M.Ar, I Gde Edi Budiputra, SH., MH. In this Talkshow session, we discussed land conditions, especially in the Bali area, then regarding land registration in the Bali area.

The current condition of land registration according to Dr. Made Gde Subha Karma Resen, S.H., M.Kn, in Bali land control was previously more dominant with traditional kingdoms and villages, the applicable rules were still in force, until the UUPA was born into positive law in Indonesia, so don't let the land go unmanaged because there will be conflict land grabbing. Currently, the function of land is still limited to social functions, besides that in the future all land matters will be subject to tax.

As the future progresses, the benefits of the land will be lost. Dr. Made Gde Subha Karma Resen also added that in principle the lapse of time can eliminate ownership rights, meaning that as long as the land plot has been controlled for 20 years basically it can be applied for. In terms of land registration, the state adheres to a negative stelsel system with a positive tendency, meaning that the state does not guarantee the legal certainty of the certificate, but guarantees legal actions that arise as a result of the certificate.

For people who live in a customary environment, traditional villages have high control in determining assets and land management in the Bali area. Meanwhile, land registration is very important. Land conflicts are very easy to occur even though they have been occupied for many years, land registration functions to provide administrative control regarding preventing land conflicts from occurring. The state never provides legal certainty regarding land registration but guarantees legal protection for land rights, and this legal protection must be registered and must be certified. It is needed as proof, but when you have a certificate it is not absolute, if it can be proven otherwise.

In this Talkshow discussion, the people who were present as participants were also active in voicing questions and opinions regarding the condition of the land in their village, several questions related to PTSL, the current policy that has been issued regarding PTSL which must be certified and what the positive and negative impacts of this policy are, from From the Legal Science side, how to project land in Bali so that it does not change ownership and function, the state respects and respects customary law, the position of customary legal power.

According to Dr. Made Gde Subha Karma Resen, S.H., M.Kn, there is a legal principle that everyone knows the law, the Constitution of the Constitution already recognizes the existence of traditional villages but it is limited, the Regional Government Law has issued a regional regulation on Balinese Traditional Villages, based on MUDP, there are 3 divisions of manners which has an influence on traditional villages and land areas. In addition to customary land, it is recognized as long as there is a principle that determines that only Indonesian citizens have rights to land.

I Gde Edi Budiputra, SH., MH also believes that regarding land registration, if we talk about physical control and PTSL, it starts from the village. In principle, villages play an important role in land registration, because the PTSL process starts from the village which will later be submitted to the local BPN. He also added that the role of the village is important not only because of recognition, but also friction which will give rise to pros and cons, the pros and cons will give rise to problems that need to be resolved by law, so it is important to have legal counselors, because the law exists in society. Then the land issue really attracts attention, especially land in Bali because of its economic and cultural value. "In this regard, ajeg Bali is not only about culture but also how land is managed in Bali itself," said I Gde Edi Budiputra, SH., MH.

The PTSL program makes it easier for people to own land rights, but having a certificate does not guarantee freedom from land conflicts that could occur.

Wehelmins Linda Herlophina Dethan, S.T, M.Ar also explained that BPN is currently on a mission to form a complete district, namely Gianyar as a target, which is expected to be able to realize that all land has been certified through the PTSL program. Land registration can also be done online via the Touch Tanahku application and later an electronic certificate will be given which is a new program to replace the old certificate in the form of a book. Apart from that, he also hopes that through the arrangement of assets and access from Agrarian Reform, a just society will be created.