Jurnal IUS Kajian Hukum dan Keadilan Volume 13 Issue 2. August 2025. E-ISSN 2477-815X. P-ISSN 2303-3827 Indexing: Scopus. DOAJ. Sinta 1, open access at : https://jurnalius. The Authority of Sub-District Heads in Revoking Land Rights for Personal Interests: Between Legality and Justice Rico J. Tambunan1. Rachmad SafaAoat2. Iwan Permadi3. Rachmi Sulistyarini4 Faculty of Law. Brawijaya University. Indonesia. Email : ricoj. tambunan@gmail. Faculty of Law. Brawijaya University. Indonesia. Email : safaat. rachmad@gmail. Faculty of Law. Brawijaya University. Indonesia. Email : iwan_permadi@ub. Faculty of Law. Brawijaya University. Indonesia. Email : rachmirini@yahoo. Abstract After the enactment of Law Number 22 of 1999 concerning Regional Government, currently the authority of the sub-district head as a regional head has previously been attributive and is now delegative. the aim of this research is about how is the legality of the sub-district headAos authority to release land rights for private interests. The research method used is normative juridical. The research results showed that the legality of the sub-district headAos authority to release land rights for private interests is not fulfilled. This is because there is not a single clause that states that the sub-district head can sign documents releasing land rights after the enactment of Law Number 22 of 1999 concerning Regional Government, which currently has the authority of the sub-district head as a regional head from previously being attributive and now being delegative, so that the Letter of Relinquishment of Land Rights made and signed by the District Head regarding the location of the land in question, cannot be used as a formal requirement for registration of land rights at the Land Office. Based on the applicable legal provisions, the deed of releasing land rights for private purposes should be made by a Notary. An authentic deed provides more legal certainty so as to cause justice for the party who relinquishes its rights/ owner as well as for the next prospective applicant. Statement of Relinquishment of Land Rights signed by the Subdistrict of Cileungsi declared invalid / null and void. Keywords: Revoking Land. Legality. Authority. Subdistrict Head. Personal Interests. INTRODUCTION Article 2 paragraph . of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles states:1 AuThe authority which originates from the right to control from this State, is definitively limited by ethical obligations, namely to be used to achieve the greatest possible prosperity for the people, in the sense of nationality, prosperity and independence in society and the legal state of Indonesia which is independent, sovereign, just and prosperous. Ay Putu Siwi Jayanti. AoProceedings International Conference on Education of SuryakancanaAo. Law Enforcement in Smart Transportation Systems on Highway, 20. No. : 494Ae504. Copyright . 2025 by Author. This work is licensed under a Creative Commons Attribution-ShareAlike 4. 0 International License. DOI: http://dx. org/10. 29303/ius. Jurnal IUS Kajian Hukum dan Keadil an | Vol . 13 | Issue 2 | August 2025 | Page, 430442 Article 6 of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (Land La. states AuAll rights to land have a social function. Ay2 Based on its authority, the state grants land rights to individuals, legal entities or government After obtaining land rights, the land owner already has proof of title, so that he can utilize the plots of land without disturbing the rights or interests of other people as stated by Phan Trung Hien who states that land can be owned by the state, state bodies, organizations or individuals if each meets the legal requirements for land ownership. Land Rights are rights as intended in Article 16 of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. The land rights referred to include, among others, ownership rights, business use rights, building use rights, use rights, rental rights, forest clearing rights, and forest produce rights. 4 Legal certainty of land rights can be guaranteed by requiring a process of registration of rights whose final product is a certificate of land rights. Land certificates are letters of evidence of land rights, management rights, waqf land, property rights to flat units and mortgage rights, each of which has been recorded in the relevant land book. 6 The physical land certificate is a crucial document for the This can cause problems, ranging from falsification of certificate data by the land mafia to the many cases of land disputes caused by multiple certificates. Dual certificates arise due to juridical and physical defects which in this case occur in certificates that are not properly mapped in the land registration map by the local Land Office. Problems arise when letters of release of land rights are found made by the sub-district head or by the village head or village head, whose function is to create written evidence of land whose rights are relinquished, where the sub-district head should not have the right to make or sign a letter of transfer of rights to land. land with compensation that has not been certified. This is confirmed in Article 5 paragraph . of Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Making Officials which, among other things, states that the Subdistrict Head in his position as Temporary the Official Land Deed Maker only has the right and authority to make and sign certain deeds. Ni Ketut Suartining. , & Benny Djaja. AuLand Rights in the Land Law System in Indonesia According to the Basic Agrarian Law Number 5 of 1960Ay. Journal of Social Research, 2. No. : 1775Ae85 DOI: https://doi. org/10. 55324/josr. Humphreys. 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AoThe Juridical Analysis of the Use of Electronic Signatures on Electronic Land Certificates in the Conception of Legal CertaintyAo. Sultan Agung Notary Law Review. No. : 771-785 DOI: https://doi. org/10. 30659/sanlar. 430 Jurnal IUS Kajian Hukum dan Keadilan P-ISSN: 2303-3827. E-ISSN: 2477-815X the signing of the Letter of Relinquishment of Land Rights is based on the Circular Letter of the Minister of Home Affairs Number Ba. 12/10812/75 in chapter before the Head of the Regency/Municipal Agrarian Sub-Directorate, the Subdistrict Head (District Hea. or local Notary, and also based on Article 131 paragraph . letter a number . Regulation of the Minister of State for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 which states Au a statement from the right holder stating that the right holder in question has waived that right, made in front of and witnessed by the Head of the sub-district where the land in question is located. Ay Based on these provisions, it can be stated that the sub-district is a government administrative area, so that automatically the sub-district head is a regional head and the authority he has is quite large, namely attributive. However, changes in the authority of the sub-district head began to occur when Law Number 22 of 1999 concerning Regional Government came into effect, namely that the sub-district area was only a working environment for regional officials and the sub-district head was only a regional apparatus, as well as reduced authority, namely delegative from the regional head. These provisions did not change until the issuance of Law Number 23 of 2014 concerning Regional Government. The aim of this research is about how is the legality of the subdistrict headAos authority to release land rights for private interests. The research method used is normative legal research. This research was executed through a literature review8 to identify the philosophical framework for analysing thought processes, official standards, and structures that will subsequently govern specific issues. 9 The research method used in this research is normative juridical,10 which is a scientific research procedure to find out the truth based on the logic of legal science from the normative side. 11 Normative legal research entails the examination of law as its primary subject, excluding any non-legal content from the research scope. 12 The primary attributes of normative legal research in legal studies are found in secondary data sources. It comprised main legal materials, secondary legal materials, and tertiary legal elements. 13 The data obtained will be analyzed using qualitative analysis. Rully Syahrul Mucharom, et al. AuWTO Subsidies Agreement on Fisheries . : Agreed Terms and Implications for IndonesiaAy. Jurnal IUS Kajian Hukum dan Keadilan, 12 No. : 285Ae299. 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Jurnal IUS Kajian Hukum dan Keadilan 431 Jurnal IUS Kajian Hukum dan Keadil an | Vol . 13 | Issue 2 | August 2025 | Page, 432442 ANALIYSIS AND DISCUSSION Indonesia is a rule of law country. 15 Law is the basis for carrying out legal actions for government administrators,16 including sub-district heads as Temporary the Official Land Deed Maker in carrying out services to the community, especially related to legal actions regarding ownership rights to their land, it is necessary to review what is the legal basis for Temporary the Official Land Deed Maker in making land deeds. 17 Basically, the regulations used by the sub-district head as a temporary the Official Land Deed Maker are the same as the regulations used by special the Official Land Deed Maker and notaries. Thus, if there is a legal umbrella, then the role of the sub-district head as temporary the Official Land Deed Maker will not be in doubt regarding legal certainty, especially for people who will take legal action regarding land rights that belong to them. The Authority of Sub-District Heads in Revoking Land Rights for Personal Interests The authority of the sub-district head in making deeds of transfer of land rights is based on Article 19 paragraph . Land Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles which states that AuTo ensure legal certainty, land registration is carried out by the Government throughout Indonesia according to the provisions regulated by Government Regulations. Ay20 However, before the issuance of the regulation in question, through Article 1 paragraph . of the Minister of Home Affairs Regulation Number 6 of 1972 concerning Delegation of Authority to Grant Land Rights, the Head of the District (Cama. in his position and function as a representative of the government was given the authority to grant or disclose rights to land. After the issuance of the regulations referred to in Article 19 paragraph . Land Law with Government Regulation Number 10 of 1961 concerning Land Registration, the sub-district head . ivil service employe. was also given the authority to make a deed of transfer of land rights as an official as described in Article 19 of the Government Regulation Number 10 of 1961, namely AuEvery agreement that intends to transfer land rights, give new rights to land, pawn land or borrow money with land rights as collateral. Hardi Warsono et al,AyIndonesia Government Sets Back: The Rule Of Law. Collaborative Governance And Human Right Challenges During Covid-19Ay. Law Reform: Jurnal Pembaharuan Hukum, 19. No. : 169Ae98 DOI: