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Florensia Calista Putri Tembu; Anak Agung Ayu Intan Puspadewi; I Gede Agus Kurniawan; I Gusti Ayu Eviani Yuliantari

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines the increasing incidence of land disputes in Indonesia, particularly those arising from unlawful acts in the form of unauthorized land occupation, which generate legal uncertainty and result in both material and immaterial losses for rightful landowners. The growing number of such cases highlights the urgent need for fair and firm legal protection, especially when land occupation has occurred over a long period and complicates the recovery of ownership rights. This research specifically analyzes Decision Number 267/Pdt.G/2020/PN Kpg, a case involving the occupation of part of the plaintiff’s certified land by the defendant. The general objective of the study is to gain a comprehensive understanding of the legal mechanisms for restoring land rights affected by unlawful land occupation, while the specific objectives are to identify the form of the unlawful act committed and to analyze the legal process used to recover the disputed land rights. The research employs a normative legal method based on the analysis of secondary data, including legislation, legal doctrines, and court decisions. The approaches applied consist of statutory, conceptual, and case approaches, using juridical-descriptive analysis techniques. The findings are expected to identify unauthorized land occupation through boundary expansion as a form of unlawful act and to explain the recovery mechanism through civil litigation and the validation of land boundary re-measurement reports. This study is expected to contribute theoretically to agrarian and civil law development and practically to improving land dispute resolution procedures and public legal awareness.

Mohamad Ihsan Ramdani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This article analyzes the application of the hierarchy of norms in the decisions of the Constitutional Court concerning Law Number 17 of 2023 on Health using the perspective of Hans Kelsen’s Stufenbau theory. The enactment of the Health Law has generated significant legal debate and several constitutional review petitions submitted to the Constitutional Court, raising questions about the consistency between statutory norms and constitutional principles. This study aims to examine how the Constitutional Court applies the principle of hierarchical norms in reviewing the constitutionality of the Health Law and to assess the relevance of Stufenbau theory in explaining the interpretation of legal norms in constitutional adjudication. This research employs a normative juridical method using statute, conceptual, and case approaches. Primary legal materials consist of the 1945 Constitution, Law Number 17 of 2023 on Health, and relevant Constitutional Court decisions, supported by secondary legal materials from academic literature and legal studies. The findings show that the Constitutional Court consistently positions the 1945 Constitution as the highest norm within the Indonesian legal system and uses the hierarchy of norms as the basis for evaluating the validity of statutory provisions. The Court maintains the legal force of the Health Law when no normative conflict with the Constitution is identified, while in certain cases it provides constitutional interpretation to ensure the compatibility of statutory norms with constitutional principles. This study demonstrates that Stufenbau theory remains relevant as an analytical framework for understanding the hierarchical structure of legal norms and the operation of constitutional review within the Indonesian legal system.