Conceptualisation of Grondkaart Regulation for Land Legal Certainty in Indonesia

Disputes or conflicts cannot be avoided in a developing society, conflicts will inevitably occur which will eventually turn into disputes. Disputes regarding the ownership of land rights are certainly not a problem that has just emerged, it has been several decades that have adorned agrarian conflicts in Indonesia since the Basic Agrarian Law was promulgated. Problems then arise in terms of a dispute that creates legal uncertainty against owners of customary land rights which are said to be expired or past time in the agrarian law system in Indonesia. The term expiration of customary land rights is not known in the national agrarian law for acquiring or relinquishing customary land rights. In other words, a principle has arisen that contradicts the provisions of the national agrarian law regulations applied in society. This is what causes legal uncertainty in society which can become a bad precedent in the future regarding the same problem and harm the purpose of the law itself.Sengketa atau konflik tidak dapat dihindari dalam suatu masyarakat yang sedang berkembang, konflik pasti akan terjadi yang pada akhirnya akan berubah menjadi sengketa. Sengketa mengenai kepemilikan hak atas tanah tentu bukan masalah yang baru saja muncul, sudah beberapa dekade konflik agraria menghiasi konflik agraria di Indonesia sejak Undang-Undang Pokok Agraria diundangkan. Permasalahan kemudian muncul dalam hal sengketa yang menimbulkan ketidakpastian hukum terhadap pemilik hak atas tanah adat yang dikatakan daluarsa atau lewat waktu dalam sistem hukum agraria di Indonesia. Istilah hapusnya hak atas tanah adat tidak dikenal dalam hukum agraria nasional untuk memperoleh atau melepaskan hak atas tanah adat. Dengan kata lain, timbul suatu asas yang bertentangan dengan ketentuan peraturan hukum agraria nasional yang berlaku di masyarakat. Hal inilah yang menimbulkan ketidakpastian hukum dalam masyarakat yang dapat menjadi preseden buruk di kemudian hari terkait masalah yang sama dan merugikan tujuan hukum itu sendiri.

The establishment of the UUPA as the basis for land tenure in Indonesia requires all former western land rights to be converted in accordance with the land rights contained in the UUPA. PT KAI has land assets based on Grondkaart as a legacy of the railroad company during the Dutch colonial era. This has led to conflicts that continue to occur between PT KAI and the community to this day, because many of PT KAI's land assets have not yet been titled. This triggers people who use land on land owned by PT KAI to register the rights to the land they have used for years. However, the land used by the community is not free state land. Rather, it is state land that is a separated state asset, so that even though PT KAI land is no longer used for railroad activities, the land is still a state right. Some conflicts that occur between PT KAI and the community are caused by the absence of certainty of land rights, therefore this research will discuss the legal force of Grondkaart and solutions related to problems that arise related to the Grondkaart problem. The results show that although PT KAI's land is still not titled, the Grondkaart which is proof of PT KAI's land tenure can be perfect proof of land tenure. Legal certainty over the use of land by the community on PT KAI land is one of the keys to resolving conflicts with a win-win solution, namely by leasing land between the community and PT KAI. Regarding the desire of some people who want ownership rights, this may be done through the approval of the finance minister.

The purpose of this research is to explain and analyze the comparison of trade regulated by the Civil Code and the Agrarian Basic Law and explain and analyze the strengths and weaknesses of buying and selling regulated by the Civil Code and the Agrarian Basic Law. The research method used is the normative legal research method. The approach used is statutory, a conceptual approach and a case approach. The results of this study, First, the comparison of land buying and selling between the Law of Pedata and the Basic Agrarian Law, namely based on the meaning of land buying and selling, the terms of sale and purchase of land, the subject of law, when the sale and purchase of land and the system of publication embraced by each basic rule of land law. Second, the strengths and weaknesses contained from each rule of law include the Civil Code providing legal certainty to the group subject to the western rule of law while the UUPA provides legal certainty for Indonesian citizens with the registration of land rights. While the weakness of the civil code does not provide legal certainty for groups that are subject to customary law while the UUPA in order to obtain legal certainty requires time and costs are pretty expensive in carrying out the registration of land rights. Keywords: Land Sale, Land Registration, Land Rights DOI: 10.7176/JLPG/112-07 Publication date: August 31 st 2021

This study explores the application of kasepekang, the most severe customary sanction in Balinese traditional law, and its implications for land rights over pedruwen desa, particularly Pekarangan Desa (PKD) and Ayahan Desa (ADS). The sanction of kasepekang is imposed on individuals or families who commit serious violations of awig-awig or pararem desa, leading to the loss of their status as members of the customary village (krama desa). This loss of status results in the forfeiture of rights to PKD and ADS lands, which are often inherited and cultivated for generations. Such practices raise complex issues when examined under Indonesia’s national agrarian law, as the Basic Agrarian Law No. 5 of 1960 and Government Regulation No. 24 of 1997 explicitly safeguard long-term land tenure and constitutional rights guaranteed under Article 28H of the 1945 Constitution. The objective of this research is to analyze the concept of kasepekang in Balinese customary law, evaluate its compatibility with national agrarian principles, and formulate a harmonization framework that allows the enforcement of customary sanctions without violating constitutional protections. Employing a normative legal method with statutory, conceptual, and comparative approaches, this study applies Philipus M. Hadjon’s Theory of Legal Protection, Gustav Radbruch’s Theory of Legal Certainty, and John Rawls’ Theory of Justice. The findings confirm that while kasepekang is legitimate within customary law as an instrument of social and religious order, it cannot be extended to revoke PKD and ADS land rights. The novelty of this study emphasizes restricting kasepekang to socio-religious domains, supported by clear mechanisms for mediation and rehabilitation, thereby ensuring legal certainty while preserving the integrity of customary law within the national legal system.

The importance of soil for human life so it is not surprising if every human being wants to own or control it which results in the emergence of various land problems or land conflicts in Indonesia. Land grabbing cases that have occurred in Indonesia are not something new. The word sequestration itself can be interpreted as: the act of taking rights or property arbitrarily or with not heeding laws and regulations, such as occupying land or houses others, to which they are not entitled. Land grabbing action illegal is an act that is against the law under civil law. The objectives of this study are (1) How to regulate ownership disputes land based on the Civil Code Law, (2) What are the considerations? judges in land ownership disputes in PN No.112/Pdt.G/2017/PN Lbp. Normative juridical research is defined as research law that puts the law as a building system of norms. Sources of data used in this study sourced from primary data and secondary data. This study uses data collection techniques in the form of documentation studies by only analyzing written legal materials. Analysis the data in this study using data analysis research methods qualitative. The results of this study are, Dispute Arrangements Land Ownership Based on the Civil Code, for rights property is arranged in Article 16 of Law No. 5 of 1960 concerning The Basic Agrarian Law concerning hereditary rights, the strongest and most fulfilled and Article 1866 of the Civil Code as well as Article 23 and Article 24 of PP 24/1997 which regulates the proof of land rights for the purposes of registration of land rights. The judge's consideration in deciding that it is true that there has been land grabbing by the Defendant I over the land the inheritance of the plaintiff's parents is due to the evidence of an act, the act is against the law, there is a loss caused by actions taken and it has been proven that there has been a transfer of land rights.

This thesis is entitled Rights in Underground Spaces After the Enactment of Law Number 11 the Year 2020 concerning Job Creation and Implementing Regulations with 2 (two) main problems, namely, (1) How is the Legal Certainty regarding the Granting of Permits and Limitations on the Use of Utilization? Basement? What is the legal status of basements after the enactment of Law Number 11 of 2020 concerning Job Creation and its Implementing Regulations? This research is a type of legal research with normative research methods. Besides, this research uses a statutory approach and a conceptual approach. The results of this thesis research indicate that the legal certainty of granting permits in terms of the use of underground spaces is based on Law no. 11 of 2020 concerning Job Creation, Article 146 Land or space formed in the upper and/or underground space and used for certain activities may be granted building use rights, use rights or management rights, in this case granting rights to the utilization of the underground space. based on the Basic Agrarian Law. Restrictions on the use of the authority of those who use it are limited by the existence of procedures that must be met in terms of the use of basements and the depth limit stipulated in the Implementing Regulation of the Employment Creation Act, Article 74, namely with a height limit according to the basic coefficient of the building and the floor of the building as well as a depth limit of 30. meters from the surface of the land that can be reached by the process of registering rights through the granting of rights that take into account/consider the holders of land rights under and/or above it. The arrangement for the acquisition of the right to use the basement is regulated in Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration Article 77, namely, Upper Land or Ground Spaces may be granted Management Rights, Building Use Rights, or Right of Use after the Upper Ground or Underground Space is utilized. The granting of rights is granted by a decision on granting rights by the Minister. The regulation regarding land rights is guided by the Basic Agrarian Law.

ABSTRAKBukti kepemilikan atas tanah merupakan bentuk kepastian hukum seseorang sebagai pemilik hak atas tanah. Kenyataannya pembuktian hak atas tanah masih menjadi permasalahan yang menyulitkan untuk diselesaikan. Peranan perkembangan sejarah pertanahan Indonesia dari sejak berada dibawah pemerintahan Hindia Belanda hingga berdaulat sebagai sebuah negara kesatuan sangat signifikan mempengaruhi proses penyelesaian permasalahan. Salah satu bukti kepemilikan yang diwarisi pada masa kolonial yaitu Grondkaart, jenis penguasaan tanah yang pada saat ini masih dipegang oleh PT. Kereta Api Indonesia. Penelitian ini menelaah mengenai eksistensi Grondkaart setelah disahkannya Undang-Undang Pokok Agraria, yang telah banyak mengonversi hak kebendaan. Melalui metode penelitian yuridis normatif dengan menggunakan pendekatan perbandingan sebagai bentuk pembanding dengan beberapa negara yang relevan. Hasil penelitian menunjukkan bahwa kedudukan Grondkaart merupakan tanda bukti penguasaan tanah oleh PT. KAI mengenai penguasaan sebidang lahan, eksistensinya menjadi tidak jelas pasca penerbitan UUPA namun masih dapat diperjuangkan dengan cara dialihkan menjadi penguasaan atas hak pengelolaan. Pelaksanaan penerbitan hak pengelolaan atas cakupan luasan sesuai peta Grondkaart merujuk pada Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah dan Peraturan Pemerintah Nomor 18 Tahun 2021 tentang Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun, dan Pendaftaran Tanah. Kata kunci: hak atas tanah; kepastian hukum; grondkaart.ABSTRACTProof of ownership of land is a form of legal certainty for an individual as the rightful owner of land rights. However, the task of proving land rights remains a challenging issue to resolve. The trajectory of Indonesia's land history, from its colonial period under the Dutch East Indies to its status as a unitary state, has significantly influenced the process of addressing this problem. One such proof of ownership inherited from the colonial era is the Grondkaart, a type of land tenure that is still held by PT Kereta Api Indonesia. This study examines the status of Grondkaart following the enactment of the Basic Agrarian Law, which has transformed numerous property rights. Utilizing normative juridical research methods, this study employs a comparative approach to juxtapose the Indonesian scenario with relevant practices in several other countries. The findings reveal that Grondkaart serves as evidence of land tenure by PT KAI concerning its control over a parcel of land. However, its status becomes ambiguous after the implementation of the UUPA, although it can still be asserted through the transfer of management rights. The execution of the transfer of management rights over the areas delineated in the Grondkaart map is governed by Government Regulation Number 24 of 1997 regarding Land Registration and Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Housing Units, and Land Registration.Keywords: land rights; legal certainty; grondkaart.

One form of state control is to regulate the granting of land rights, including determining the subject of the right and the duration of a land right. The determination of the period of land rights must pay attention to equality of opportunity and access in acquiring and controlling land so as to create the greatest prosperity of the people as the goal of national agrarian law. This is a normative research that focuses on examining the harmony between regulations so that it uses a statute approach and conceptual approach. Therefore, primary legal materials and secondary legal materials obtained based on literature research are used. The data obtained was then analyzed based on content analysis. In this research, it is found that there are overlapping regulations between the Basic Agrarian Law, Governmental Regulation No. 40 of 1996, Agrarian Minister Regulation No. 18 of 2021 and Government Regulation No. 12 of 2023 regarding the extension and renewal of land rights at the same time. In addition, in reality, the simultaneous extension and renewal of land rights causes several things, namely: (1) legal uncertainty because there are regulations as the basis that collide with each other; (2) inequality and injustice for the community in accessing land; and (3) presents unconstitutionality because basically this policy has violated the Constitutional Court's decision.

Land certificate is the proof of ownership of land rights. Moreover, the certificate making must implemented with the successive procedure in accordance with UUPA (Basic Agrari-an Law) within the renewal rules that are always updated by government. The determina-tion and stipulation of appropriate limits with the principle of Contradictoire Delimitatie becomes the main key before implementing the land measurement. Because, without a boundary agreement between the land owners adjacent to the registered land, it will be-come a time bomb in the future, lawsuit could arise which results in re-measurement and even the cancellation of the certificate. This research is normative research type (doctrinal research) with statute approach and conceptual approach. This research focuses to the literature study; data which becomes the research source is secondary data. This will give the answer that the mechanism for determining and stipulation boundaries in land registra-tion has applied the principle of safety, so the land owner get the legal certainty of owner-ship of their rights. The law consequence if the determination and stipulation boundaries in land are not accordance with the fact in the field resulting in the absence of legal cer-tainty for the certificate of land rights. Conclusion and suggestion in this research is in determination and determination of land plot boundaries in order to achieve legal certainty must in accordance with PP (Government Regulation) No. 24 of 1997 and PMNA/KaBPN No.3 (Regulation of the Minister of Agrarian and Spatial Planning/Head of BPN) of 1997. Magetan Regency National Land Agency Office before implementing the measurement activities must be more thoroughly in the process of determination of land plot boundary in order to reaches the law certainty so that it can be accounted for.

This study aims to examine the legal certainty in the mechanism of transferring land rights through a deed of authority to sell, by integrating philosophical, juridical, and sociological perspectives. Philosophically, legal certainty is seen as the embodiment of justice and moral values that require every legal instrument, including the power to sell, to be based on the principles of legality and justice in order to create a harmonious social order. The juridical approach emphasizes that the use of the power to sell must fulfill formal and material requirements under the Basic Agrarian Law and its derivative regulations. In this case, the role of the Notary or PPAT (a government official) as the authorized official is key in realizing the legal force and certainty of the status of land rights. This research uses an empirical juridical method with a legal analysis approach. Data was collected through observation and interviews to verify the procedure for making deeds, the mechanisms of administrative and taxation verification, and the role of authorized officials. The results showed that the validity of the power of attorney to sell depends heavily on administrative completeness, such as clearly stating the identities of the parties, the object, and the power of attorney clause. A systematic and transparent deed-making procedure, conducted by a notary or land official, has been proven to minimize potential disputes. Administrative verification integrated with tax compliance further strengthens the legitimacy of transactions. Thus, a deed of power of attorney to sell made by statutory regulations can increase legal certainty and legal protection for the parties, especially for bona fide buyers.

Soil is necessary for every aspect of human life. The government issued Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA). To deal with land rights issues in Indonesia, the Basic Agrarian Law (UUPA) protects rights holders and physical control of land. Article 19 of Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) stipulates that the government carries out land registration to guarantee land rights. Law enforcement is an important part of the UUPA, and the agrarian justice process is included in the mechanisms regulated by law. This research aims to find out how the Basic Agrarian Law (UUPA) protects land rights holders and to find out the role of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest in protecting land rights holders. The method used in this research is normative legal qualitative. The research results show that the Basic Agrarian Law (UUPA) has a strong juridical foundation in protecting land rights. The principle of legality emphasizes that every government action must have the legitimacy and authority granted by law. Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest has an important role in protecting land rights holders in Indonesia. This law provides a specific legal basis regarding land acquisition for public purposes, with the hope that it can become a legal umbrella and provide adequate protection for land rights holders.

This research aims to discuss: 1) What are the legal regulations regarding the existence and legality of land rights to ensure legal certainty (research study in Galang District); 2) How to implement the existence and legality of land rights to ensure legal certainty (research study in Galang District); amd 3) What factors constitute obstacles/constraints as well as solutions to the existence and legality of land rights to ensure legal certainty (research study in Galang District)? Based on the title and variables referred in this thesis and integrated with the construction of the problem formulation, the specification of this research is normative legal research supported by empirical legal research. The community already has their rights, but it is considered to be in an illegal location because of land problems that arose after the Decree of the Minister of Forestry Number 307/Kpts-II/1986 which made Galang as the forest area and established the status quo, which ultimately had an impact on society. The Status quo automatically not applicable with the provisions of Government Regulation Number 5 Year 2011 concerning regulatory changes to Government Regulation Number 46 Year 2007 concerning Batam Free Trade and Free Port Area. After a long time, Decree of the Minister of Agrarian Affairs and Spatial Planning has finally been issued to the Head of Batam Free Trade Zone and Free Port Authority (BP Batam) regarding Management Rights (HPL) in Rempang Area. After HPL was officially given to BP Batam, the party has prepared the development of Rempang Area, as a guide for area management including management development planning activities, so that investment in Rempang Area can be in line with targets. The unclear status of land ownership by the community is considered illegal land ownership. Based on Article 19 of the Basic Agrarian Law, the government is ordered to carry out land registration throughout the territory of the Republic of Indonesia.Considering that increasing sustainable National Development requires guarantee of legal certainty in the land sector. Land registration which is assigned based on the Basic Agrarian Law to the government, means of providing the intended guarantee of legal certainty.

The Basic Agrarian Law (UUPA) was born as a response to the need for new agrarian law after the change of power from colonial to the Indonesian national government. UUPA aims to eliminate the legacy of discriminatory colonial law and create a more just and socially just agrarian system. This study aims to analyze the principles contained in Law No. 5 of 1960 concerning the protection of land rights and how the perspective of constitutional law on the protection of land rights according to Law No. 5 of 1960 concerning Basic Agrarian Regulations. This study uses a normative legal approach as the main method. The selection of this approach is intended to examine the construction of laws and regulations, basic legal values, and the views of legal experts in order to formulate solutions to the legal issues analyzed. The results of the study indicate that from the perspective of constitutional law, UUPA has fulfilled the fundamental elements, especially in relation to the principle of Grundnorm or basic norms, which in the Indonesian context refers to Pancasila. UUPA is in line with the constitution, especially Article 33 paragraph (3) of the 1945 Constitution, which emphasizes that the land, water, and natural resources are controlled by the state for the prosperity of the people. As a legal instrument, UUPA plays a role in ensuring justice in the control, utilization, and maintenance of land, especially for marginalized groups. However, despite upholding the values of social justice, equal rights, and legal certainty, the implementation of UUPA still faces various challenges, such as weak law enforcement and protection of vulnerable groups. Therefore, further efforts are needed in agrarian reform to ensure legal support for all Indonesian people in accordance with the basic principles of the state.

Land registration is a crucial mechanism in realizing legal certainty over land rights, particularly land with ownership status (hak milik). The Basic Agrarian Law (Undang-Undang Pokok Agraria/UUPA) Number 5 of 1960 explicitly regulates land registration as an effort to provide legal protection and certainty of rights for landowners. The purpose of this study is to understand the procedures of land registration for ownership rights to ensure legal certainty for landholders, as well as to identify the obstacles encountered in the registration process that hinder the achievement of such certainty. This study employs a normative legal research method by examining primary and secondary legal materials. The research focuses on analyzing regulations related to land registration to provide legal certainty, in accordance with the provisions of the Basic Agrarian Law (UUPA) No. 5 of 1960 and its implementing regulations, such as Government Regulation No. 24 of 1997 concerning Land Registration. The findings of this study indicate that the procedures for land registration both sporadic and systematic (through the Complete Systematic Land Registration Program or PTSL) function to ensure legal certainty and protect ownership rights. However, several challenges arise in its implementation, including low public awareness, land disputes or overlapping ownership claims, limited resources at land offices, and financial and time constraints. Therefore, to achieve the intended objectives, improvements in the administrative system of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) are required, along with increased public awareness regarding the importance of land certification.

Land boundary arrangement is a crucial issue in agrarian law because it is directly related to legal certainty of land ownership. In Serang Regency, land disputes still occur due to unclear boundaries, overlapping rights, and procedural obstacles. This study aims to analyze the legal basis for land boundary arrangement in Indonesia and Serang Regency, identify legal and procedural obstacles, and evaluate the role of clear land boundaries in enhancing legal certainty of land ownership. This research uses a qualitative normative legal research method with secondary data, including legal documents, regulations, agrarian law books, journal articles, and official documents from the Serang BPN. The findings show that the legal basis for land boundary arrangement is available through the Basic Agrarian Law (UUPA), Government Regulation No. 24 of 1997, Minister of ATR/BPN Regulations, regional regulations, and court decisions, yet its implementation faces legal, procedural, and cultural challenges. Clear land boundary arrangements can enhance legal certainty of ownership, prevent land disputes, and support transparency and accountability in land administration. The study recommends strengthening inter-agency coordination and integrating formal law with customary land rights to achieve effective legal certainty