Perlindungan Hukum Bagi Pemilik Hak Atas Tanah Bekas Milik Adat Yang Tumpang Tindih Dengan Tanah Bersertifikat

Andrianto, Eko Retno and Suhartati, Suhartati (2026) Perlindungan Hukum Bagi Pemilik Hak Atas Tanah Bekas Milik Adat Yang Tumpang Tindih Dengan Tanah Bersertifikat. In: Dinamika Hukum Pengaturan BUMDesa. Program Pascasarjana Magister Ilmu Hukum Universitas Surabaya, Universitas Surabaya. (Submitted)

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Abstract

Abstract Legal protection for owners of former customary land rights that overlap with certified land is still recognized if they can prove the history of land ownership, the legal basis of ownership, and lawful physical control of the land. This protection is based on Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and Articles 5 and 19 of Law Number 5 of 1960 concerning Basic Agrarian Regulations. Old land rights can be proven by using documents such as the Village C Book, girik, petok, witness statements, or other evidence as regulated in Article 24 paragraphs (1) and (2) of Government Regulation Number 24 of 1997 concerning Land Registration. Although Article 32 paragraph (1) of the same regulation states that a land certificate is strong legal evidence, it is not always final if there are mistakes in the physical data, legal data, or administrative process. In the case studied in Janti Village, Waru District, Sidoarjo Regency, the certificate was issued using Village C Book Number 133, even though the ownership record had already been transferred to Village C Book Number 301 and part of the land had been sold to another person. This situation may cause an ownership dispute. Such disputes can be resolved through administrative procedures under the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning the Handling and Settlement of Land Cases or through the court system under Law Number 48 of 2009 concerning Judicial Power. Therefore, legal certainty and justice can only be achieved if land registration, verification of land ownership history, and the issuance of land certificates are carried out carefully, transparently, and in accordance with the applicable laws and regulations.

Item Type:	Book Section
Uncontrolled Keywords:	Legal Protection, Owners of Former Customary Land Rights, Land Overlap, Certified Land.
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	BAMBANG SEPTIAWAN
Date Deposited:	05 Aug 2026 09:16
Last Modified:	05 Aug 2026 09:16
URI:	http://repository.ubaya.ac.id/id/eprint/51127

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