The Effect of Applying the Contradictoire Delimitatie Principle on Legal Certainty in Initial Land Registration in South Buton

Abstract

The contradictoire delimitatie principle requires that land parcel boundaries be determined by agreement between the applicant and the adjacent landowners, making it a foundation for certainty regarding the object of rights in initial land registration. This study analyses the effect of applying this principle on legal certainty and identifies the factors that hinder its implementation in South Buton Regency. It employs a descriptive qualitative approach combined with a socio-legal (juridical-empirical) approach. Primary data were obtained through a semi-structured interview with the Head of the Rights Determination and Registration Section of the South Buton Land Office as the key informant, complemented by secondary data from legislation and scholarly literature, and analysed using the interactive model (data condensation, data display, and conclusion drawing). The findings indicate that the application of the principle, covering joint boundary marking with adjacent owners, efforts to secure the presence of adjacent parties, and written consent, contributes to the conformity of physical data with field conditions, the settlement of minor disagreements through deliberation, and a stronger sense of security among rights holders. The identified inhibiting factors include the absence of adjacent owners living outside the area or on other islands, public legal awareness of permanent boundary markers that still needs improvement, limited resources, facilities, and base maps that are being updated gradually, and the risk of misuse of consent following the shift of boundary-marking responsibility to applicants. These findings derive from a single key informant and should be further confirmed through triangulation with other informants.