Protection Of Land Rights in The Use of Land Assets of Pt. Kereta API Indonesia (Persero) By the Community
Journal Title: International Journal of Social Science And Human Research - Year 2025, Vol 8, Issue 01
Abstract
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.
Authors and Affiliations
Millandini Devira Kumororatri, I Gusti Ayu Ketut Rachmi Handayani, Bambang Manumayoso
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