PROBLEMATIKA TANAH GOGOLAN DALAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Kasus di Desa Jati, Kecamatan Tarokan, Kabupaten Kediri)

SALSABILA FIRDAUS, 21303917 (2025) PROBLEMATIKA TANAH GOGOLAN DALAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Kasus di Desa Jati, Kecamatan Tarokan, Kabupaten Kediri). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

The enactment of the Basic Agrarian Law (UUPA) necessitated the adjustment of old land rights, including Tanah Gogolan, into the national legal system to eliminate the dualism in agrarian law. In practice, however, various issues persist due to the lack of clarity in the implementation of the conversion of old land rights. One such case is found in Jati Village, Tarokan District, Kediri Regency, where 117 land parcels indicated as Tanah Gogolan could not be registered under the 2024 Complete Systematic Land Registration (PTSL) program. This situation arises because the Tanah Gogolan in Jati Village had already been registered and issued land ownership certificates by the Kediri Land Office, whereas the PTSL program is intended for unregistered land. This study aims to examine the historical development of Tanah Gogolan before and after the enactment of the UUPA, identify the root causes of related legal issues in Jati Village, and provide resolution recommendations based on existing regulations. A normative-empirical legal method is employed, using statutory, conceptual, and sociological approaches, supported by interviews with relevant parties involved in the registration of Tanah Gogolan during the 2024 PTSL program in Kediri Regency. The findings reveal that Tanah Gogolan existed before the 9th century as communal village land managed collectively by the community for a specified period. In the conversion process, the Head of the East Java Agrarian Inspection issued Decree No. I/Agr/29/HM/III/64 dated June 25, 1964, which established the conversion of Tanah Gogolan into land ownership rights for several villages in the Kediri region, including Jati Village. Following this decree, land measurement was conducted in 1965, and land ownership certificates were issued in 1966. However, these certificates were returned to the village for correction and have since become untraceable, leading to legal uncertainty over land ownership within the community. To resolve these issues, it is necessary to first identify the registered lands in Jati Village that have not yet been mapped. For land with identifiable subjects and objects, replacement certificates for lost documents can be requested in accordance with Government Regulation No. 24 of 1997 and Ministerial Regulation of ATR/BPN No. 3 of 1997. Meanwhile, for unmapped registered land parcels suspected to be Tanah Gogolan, a Land Consolidation program is recommended to restructure land subjects and objects as regulated in Ministerial Regulation of ATR/Head of BPN No. 12 of 2019. Keywords: Tanah Gogolan, Conversion, PTSL, Replacement Certificate for Loss, Land Consolidation

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