The Implementation of Rechtsverwerking Principle in Indonesia Land Register

Abstract

One of the causes of land disputes is the conflict about the right of land ownership. it is the problem of land registration in Indonesia. The sources of Agrarian Law in Indonesia are derived from adat (customary) law, including the principle of rechtsverwerking. This principle explains about the expiration of land claim when the certificate of land ownership has published. Therefore, the problem in this paper is to question about how the application of the rechtsverwerking principle in settling land cases in Indonesia. The result found that the regulation and the court jurisprudence related to the regulation of the rechtsverwerking principle often used by people to occupy another people’s land. It represents from the case of land ownership disputes. The disputes on land need to be reduced by make the implementation of the rechtsverwerking principle more certain so that it will promote the just, peaceful and inclusive societies.