Two Certificates In One Field ATR/BPN Administrative Accountability Reform For The Restoration Of Legal Certainty

Abstract

The persistence of double land certificates in Indonesia undermines the fundamental principle of legal certainty in land ownership and reflects systemic weaknesses in the administration of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). Despite the adoption of a negative publication system, overlaps in registration continue to occur due to administrative malpractice, weak oversight, and archival mismanagement. This study employs a normative–empirical legal approach. The normative dimension examines statutory regulations, ministerial decrees, and comparative perspectives from Malaysia’s National Land Code. The empirical dimension draws on case studies of judicial decisions and administrative practices within ATR/BPN to reveal patterns of liability and institutional responses to duplicate certification. Findings indicate that the current regulatory framework inadequately addresses state liability for registry errors. Sanctions against officials are inconsistently applied, while remedies for victims remain fragmented across civil, criminal, and administrative litigation. Furthermore, the handling mechanism under Ministerial Regulation No. 21/2020 has yet to provide an effective deterrent. Comparative analysis shows that Malaysia’s integrated title assurance system offers valuable lessons in balancing efficiency and accountability. Reform is necessary to recalibrate ATR/BPN’s administrative liability through stricter sanctioning regimes, improved archival and digital registration systems, and clearer judicial guidelines on state responsibility. Such measures are crucial to restoring public trust and ensuring sustainable land governance. A reformed accountability model that integrates administrative, civil, and criminal sanctions, supported by digitalization and comparative insights, is imperative to mitigate duplicate certification and strengthen legal certainty in Indonesia’s land administration.