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UNAIR professor highlights overlapping land rights

UNAIR NEWS – Disorganized land administration is a key driver of land ownership conflicts in Indonesia, often leaving citizens at a disadvantage. This was the central theme of the academic oration delivered by Prof. Dr. Sri Winarsi, SH, MH during her official inauguration as a professor of Universitas Airlangga (UNAIR). The ceremony, held on Wednesday (April 30, 2025), at the Garuda Mukti Hall on the MERR-C campus, celebrated the appointment of six new professors from various disciplines.

Prof. Winarsi focused her address on the pressing issue of land rights from the perspectives of agrarian and administrative law. “Overlapping land rights are not just a technical issue—they reflect a deeper, structural problem rooted in poor governance and weak administrative oversight in Indonesia’s land management system,” she stated.

Prof. Winarsi explained that land certificate disputes frequently arise from the National Land Agency’s (BPN) failure to verify existing land records before issuing new titles. She cited multiple violations of Article 19 of the Basic Agrarian Law (UUPA) and Ministry of Agrarian Affairs Regulation No. 21 of 2020. In practice, a single plot of land may be assigned two or three separate certificates, each claiming legal validity.

“These problems typically stem from inaccurate physical and legal records, along with officials’ failure to uphold the principles of good governance,” she said.

To address these systemic issues, Prof. Winarsi outlined seven key strategies centered on strengthening land administration. These include improving data accuracy, increasing accountability among BPN officials, and accelerating the digitalization of the national land registry.

She emphasized that the BPN should not issue new certificates for already-registered land unless a previous title has been legally invalidated by a binding court ruling. She added that land title services must prioritize caution and transparency.

Furthermore, Prof. Winarsi urged judges to conduct on-site visits in land dispute cases to ensure verdicts are based on accurate assessments rather than potentially falsified documentation.

At the regulatory level, she advocated for stronger community engagement in the land registration process and encouraged the public to report any signs of irregularity. She also called on the government to implement routine audits and evaluations of all land-related processes and to strengthen coordination among relevant institutions.

Author: Sintya Alfafa

Editor: Khefti Al Mawalia