Complete Systematic Land Registration as Equitable Legal Protection for Uncertified Yasan Land Ownership: A Study in Talangsuko Village, Malang

Abstract

Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap, PTSL) aims to provide legal certainty and protection for community land rights. However, previous studies have tended to focus on program effectiveness without specifically examining the quality of the implementation process for holders of uncertified tanah yasan (customary land held under local customary practices). This study offers an original contribution by integrating Soerjono Soekanto’s law enforcement theory, Lawrence M. Friedman’s legal system theory, and Imam Al-Ghazali’s maslahah theory to analyze equitable legal protection. It aims to examine the dominant factors hindering PTSL implementation, the measures taken to address these obstacles, and the enforcement of law in a manner that ensures justice for holders of uncertified tanah yasan in Talangsuko Village, Turen Subdistrict, Malang Regency. This study employed a socio-legal research method with a sociological juridical approach. Data were collected through questionnaires administered to 82 respondents selected using purposive sampling based on the relevance of their experience as PTSL participants, interviews, observations, and a review of relevant legislation and legal materials. The findings indicate that the dominant obstacles to PTSL implementation are internal factors, particularly financial management, community participation, and the proper maintenance of administrative documentation. All respondents perceived the preparatory fees charged to them as inconsistent with the applicable provisions as they understood them, while 98.8% stated that they had not been involved in deliberations to determine the fees. These findings indicate problems concerning financial transparency and community participation; however, they do not, in themselves, establish that the fees were legally non-compliant without independent verification of payment records and the legal basis for determining the fees. Recommended improvements include greater financial transparency, administrative assistance, documentation of boundary-marker installation, stronger supervision and coordination, and increased community participation. From the perspective of maslahah, equitable law enforcement must protect property interests through an orderly, transparent, and accountable land registration process. This study is limited to 82 respondents in a single village; therefore, its findings should be interpreted within the research context and cannot be directly generalized to other regions.