Blocking Records on Freehold Title after Land Parcel Subdivision: Legal Issues of Legality and Legal Certainty

Pencatatan Blokir Hak Milik Pasca Pemecahan Bidang Tanah: Problematika Legalitas dan Kepastian Hukum

Abstract

Blocking records constitute temporary administrative measures intended to preserve the legal status quo and protect legally relevant interests in registered land. A legal problem arises when a blocking record continues to be maintained after the land parcel has been subdivided and the legal basis for the restriction no longer remains effective. This issue is identified in the blocking record of Freehold Title No. 027/Srengseng Sawah, particularly after part of the original parcel was subdivided into Freehold Title No. 5135/Srengseng Sawah, for which the blocking record was subsequently revoked. This study examines the legality of maintaining a blocking record following land parcel subdivision and the legal protection available to affected right holders. The research employs normative legal methods using statutory and case approaches, supported by primary and secondary legal materials and prescriptive legal analysis. The findings demonstrate that the continued maintenance of a blocking record must be supported by the conformity of the land object, legal subject, legal relationship, legal authority, and applicable period. Under Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 13 of 2017, a blocking record requested by an individual or legal entity is valid for 30 calendar days and may only be extended pursuant to a court order. Upon expiration without lawful extension, the blocking record must be removed and the relevant land-registration data updated. This study proposes block legal-status control as a legal-administrative mechanism integrating verification of the land object, legal basis, validity period, extension, and removal to prevent legally expired restrictions from continuing to impede land administration services.