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Abdul Rochim; Mohamad Tohari; Naya Amin Zaini

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

In contemporary legal systems, social conflict between the state and indigenous communities is a complicated matter, especially when it comes to the acknowledgement and defense of indigenous peoples' rights to land, natural resources, and cultural identity. Indigenous peoples' rights, which before the establishment of the modern state, are frequently disregarded by imbalances in official policies that prioritize development interests. In this context, legal reconciliation is a relevant approach to resolving these conflicts in a just and sustainable manner. Legal reconciliation emphasizes the integration of customary law into the national legal system and the harmonization of state policies and the interests of indigenous peoples to create a more inclusive legal order. The study of legal standards relevant to resolving disputes between the state and indigenous peoples is the main emphasis of this research, which employs a normative juridical approach. The approach used in this research includes an analysis of national legislation, international legal instruments related to indigenous peoples' rights, and relevant legal doctrines. Using a statute approach and a conceptual approach, this research explores how legal reconciliation can be implemented in resolving social conflicts. Furthermore, this research highlights the role of legal principles such as restorative justice, legal pluralism, and recognition of indigenous peoples' rights in developing more effective conflict resolution mechanisms. This analysis is expected to establish a strong legal foundation for promoting more inclusive and socially just legal policies for indigenous peoples.

Violla Evarista; Kristanto Kristanto; Vinanda Langgeng Kencana; Riyan Ardiansyah; I Komang Agus Tri Wismantara

Prosiding Seminar Nasional Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Land rights disputes arising from overlapping land certificates remain a complex agrarian law issue frequently encountered in Indonesia. This phenomenon reflects weaknesses in the land administration system, particularly in data collection, land measurement, and certificate issuance. Such disputes create conflicts, legal uncertainty, and reduced public trust in the land registration system. In practice, these disputes are generally resolved through civil litigation procedures in the District Court. This study aims to comprehensively analyze civil procedural law in resolving land rights disputes involving overlapping certificates and to examine the evidentiary strength of land certificates in judicial proceedings. This research employs a normative legal method using statutory and conceptual approaches, supported by primary and secondary legal materials. The findings indicate that dispute resolution begins with the filing of a lawsuit, followed by mediation, court examination, and the evidentiary process as the most crucial stage in determining lawful ownership. Land certificates serve as strong evidence; however, they are not absolute, as they may be challenged if administrative or substantive legal defects are identified. Judges play a central role in assessing certificate validity by considering land history, physical possession, good faith, and compliance with legal procedures. Nevertheless, the effectiveness of dispute resolution still requires improvement through better land administration, enhanced data accuracy, and stronger institutional integration.

Abdul Rahman Hamid; Abdul Aziz Tambunan; Martini Anwar; Annisa Rahmi Faisal

Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2026 FKIP, Universitas Palangka Raya

This community service activity was carried out to strengthen the advocacy capacity of the Pari Island community, Seribu Islands, DKI Jakarta, in defending their rights to land and living space from corporate claims of control. The problems faced by the community are not only related to land disputes, but also include social pressure, community polarization, threats of eviction, economic weakening, and damage to coastal ecosystems due to reclamation activities. The community service activity was carried out through participatory dialogue, problem mapping, strengthening legal literacy, discussions on advocacy strategies, and the formulation of a sustainable assistance model with the community. The results of the activity indicate that the Pari Island community has carried out various forms of advocacy, including collective action, collaboration with civil society organizations, media publications, legal assistance, institutional complaints, and environmental advocacy. However, this advocacy still needs to be strengthened through internal consolidation, documentation of intimidation, strengthening the community economy, mangrove protection, and strengthening the community's mental health. This article offers the concept of advocacy for living space resilience as a model for assisting small island communities. This model combines legal, social, media, environmental, economic, psychological, and community-based documentation advocacy. With this approach, community service serves not only as an outreach activity but also as a socio-legal assistance process that strengthens community resilience in the face of long-term agrarian and ecological conflicts.

Salsah Br Nainggolan; Yosi Evelyn Tondang; Putri Naira; Joice Stefanie Ginting; Dinda Rahmadani +1 more

International Journal of Education and Literature 2026 Lembaga Pengembangan Kinerja Dosen

The swift proliferation of short-video-centric social media, notably TikTok, has revolutionized the educational landscape by facilitating novel methods of knowledge production, dissemination, and interpretation. This phenomenon denotes a transition in media and signifies an epistemological transformation in educational practices within the digital age. This study seeks to analyze the representation and interpretation of knowledge in TikTok educational content using a qualitative methodology grounded in an interpretive case study framework. Data were gathered via digital participant observation, comprehensive interviews, and document analysis involving 12 participants, comprising educational content creators and active TikTok users in higher education settings. Thematic data analysis was performed utilizing a Multimodal Critical Discourse Analysis framework to elucidate the interplay among visual, verbal, and auditory components in the construction of meaning. The results show three main patterns: the conflict between quick understanding and deep knowledge, the importance of emotional multimodal experiences in learning, and the negotiation of knowledge authority in changing digital spaces. These results indicate that learning via TikTok encompasses not only cognitive aspects but also intricate emotional, aesthetic, and social dimensions. This study theoretically enhances multimodal discourse analysis by integrating users' subjective experiences, while practically informing the advancement of critical digital literacy and the design of social media-based learning. Moreover, this study facilitates additional investigation into algorithmic dynamics, digital identity, and the evolution of learning methodologies within platform-centric contexts.

Muhammad Taufiq Muzadi; Chairunnisa Chairunnisa; Heri Azwansyah; Erni Yuniarti; S. Nurlaily Kadarini

JURNAL WILAYAH, KOTA DAN LINGKUNGAN BERKELANJUTAN 2026 Fakultas Teknik Universitas Cenderawasih

This research is motivated by the increasing urban activities in Mempawah Hilir District as a Regional Activity Center, which has led to high traffic movement at the intersection of Jl. Raden Kusno – Jl. A. Djaelani – Jl. Raden Sujarwo. The diversity of land use and the meeting of arterial and collector roads create potential traffic conflicts and accident risks. The installation of traffic lights is implemented as a traffic control measure; however, its effectiveness in improving safety and comfort needs further analysis. This study aims to assess traffic safety and comfort conditions after the implementation of traffic lights at the intersection. A quantitative approach was used with primary and secondary data. Primary data were obtained through questionnaires on road users’ perceptions and field observations, while secondary data included traffic accident records from Mempawah Police and spatial development data from Google Earth Pro, Google Maps, Copernicus, and Google Colab. The analysis employed descriptive-comparative, spatial descriptive, and scoring methods. The results show that traffic lights implemented since August 2023 have reduced traffic accidents and improved safety conditions, although not yet optimal compared to the lowest accident rate in 2021. Increased land use activity and traffic volume influence this condition. User perceptions indicate improved comfort internally, but external factors such as road conditions and side obstacles still reduce comfort and safety.

Maghfirah Islami Rizal; Muh Basir

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

Land conversion associated with renewable energy expansion generates profound socio-cultural transformations in agrarian communities. This study aims to analyze how wind power development reshapes agrarian identity, social capital configuration, and the meaning of land within rural society from an anthropology of development perspective. This research applies qualitative literature-based analysis supported by recent peer-reviewed scholarship on land use change, rural transformation, social capital, and political ecology. Conceptual synthesis integrates sustainable livelihood framework, identity negotiation theory, and energy landscape analysis to construct an interpretive analytical model. Findings indicate that agricultural land conversion produces deagrarianization, occupational shifts, and reconfiguration of social stratification. Land is redefined from a genealogical and productive space into infrastructure and investment asset. Social capital grounded in kinship networks, customary institutions, and local organizations functions as a resilience mechanism through risk redistribution, collective solidarity, and participatory negotiation. Energy landscapes restructure symbolic and material relations between community and territory, generating both hybrid identities and conflict dynamics. Inclusive governance determines whether renewable energy fosters adaptive transformation or deepens commodification and exclusion. Renewable energy transition in rural areas requires socio-cultural recognition beyond technical implementation. Integrating local identity, participatory governance, and community ownership strengthens just and sustainable transformation pathways.

Teguh Wicaksono

Jurnal Begawan Hukum (JBH) 2026 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Land tenure conflicts between indigenous peoples and the state remain a persistent issue in Indonesia. These conflicts arise due to differences between customary law practiced by indigenous communities and the formal legal system enforced by the state. This study aims to analyze the legal recognition of indigenous land rights within the national agrarian law framework, identify the causes of such conflicts, and formulate equitable solutions for their resolution. This research employs a normative legal method using statutory and conceptual approaches. The findings reveal that although legal recognition of indigenous land rights exists in various regulations, its implementation remains weak. Conflicts are primarily caused by overlapping regulations, economic interests, and the lack of formal recognition of customary territories. Therefore, regulatory harmonization, strengthening legal recognition of indigenous peoples, and the development of participatory and socially just dispute resolution mechanisms are essential. In conclusion, the protection of indigenous land rights can be optimized within the national agrarian legal framework through comprehensive legal reform and inclusive governance.

Apriliani Otu; Yeftha Y. Sabaat; Maria M. Niis

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Agrarian conflict is a common issue in development processes, particularly when changes in land ownership or control involve various interests. This study aims to analyze the dynamics of agrarian conflict in the coastal area of ​​Atapupu Beach, Jenilu Village, Kakuluk Mesak District, Belu Regency, triggered by the land acquisition process by the Defense University (UNHAN). The study used a qualitative approach with a case study method to understand the social conditions developing in the community. Data were obtained through in-depth interviews, field observations, and documentation. The results indicate that the conflict arose due to changes in community access to coastal areas previously used for economic activity. The presence of UNHAN has restricted community activities in the Fish Auction Place (TPI) area, previously a center for fishing activities. This situation has given rise to social tensions between the community and the area management. This study emphasizes that coastal area management needs to consider local community interests through a dialogical and participatory approach to minimize agrarian conflict.

Putri Arum Pertiwi; Gading Gamaputra

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the implementation of the Complete Systematic Land Registration program in Maron Village, Kediri Regency, using four criteria for resolving land-related conflicts. PTSL is an initiative launched by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) as a manifestation of the government’s commitment to providing legal certainty and protection to the community regarding their land. The objective of this study is to analyze the implementation of the PTSL program in Maron Village, Kediri Regency, based on four dimensions of land accuracy. This study employs a descriptive qualitative method to delve deeper into the implementation of the Complete Systematic Land Registration in Maron Village. Data collection techniques include interviews, observations, and documentation. The results of this study indicate that the implementation of the Complete Systematic Land Registration program in Maron Village faces several challenges. This program was analyzed based on the four dimensions of accuracy proposed by Richard Matland, namely policy accuracy, implementation accuracy, target accuracy, and environmental accuracy. Regarding the target accuracy indicator, the program did not meet its objectives because of the community’s limited knowledge regarding legal data and other constraints, which resulted in some community members not participating in the program.  

Aviva Radja Najwa Amatullah; Rizky Aulia Sabrina Putri; Zulfayani; Rizya Amelia; Laeli Khusnaeni +1 more

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2026 LPPM Universitas 17 Agustus 1945 Semarang

This study aims to analyze the dynamics of the lives of indigenous Papuan communities and transmigrants, particularly in the social and economic context of Sota Village, Merauke Regency, South Papua. The study uses a qualitative approach with semi-structured interviews, documentation, and focus group discussions (FGDs). This study involved various parties to obtain a comprehensive view of the social interaction between indigenous peoples and transmigrants. Data were obtained through interviews with leaders and indigenous peoples of Sota Village. The results of the study show that the social relationship between indigenous peoples and transmigrants is harmonious, characterized by cooperation in social activities, mutual assistance, and joint economic development. The presence of transmigrants has had a positive impact on improving welfare, equalizing infrastructure, and introducing modern agricultural techniques to indigenous peoples. On the other hand, local wisdom such as Adat Sasi also plays a role in maintaining social harmony and ecological balance, while the traditional deliberation mechanism serves as a means of peaceful conflict resolution. Indigenous communities show openness to change but remain critical of the sustainability of the transmigration program due to land limitations. Overall, this study concludes that multicultural life in Sota reflects the success of social integration based on the values of tolerance, mutual respect, and cooperation in building a peaceful and sustainable society.

Darmawansyah Darmawansyah; Bambang Sulistyo; Henry Farizal

Venus: Jurnal Publikasi Rumpun Ilmu Teknik 2026 Asosiasi Riset Ilmu Teknik Indonesia

The conversion of agricultural land to non-agricultural land continues to increase along with the pressures of urbanization, industrialization, and settlement expansion. This condition poses risks to food security, environmental sustainability, and farmer welfare. This article reviews literature based on 25 abstracts/research results on LP2B in Indonesia to map policy implementation patterns, the relationship between LP2B and regional spatial planning, inhibiting factors, and the direction of policy strengthening. The method used is a narrative review with thematic synthesis of normative legal studies, juridical-empirical, qualitative, mixed methods, and spatial-quantitative approaches. The results of the review indicate: (1) LP2B is highly dependent on the harmonization of spatial planning policies, especially RTRW/RDTR and licensing mechanisms based on KKPR-OSS; (2) many regions are still stuck at the land inventory-identification stage, not yet reaching the determination and operational protection through LP2B Regional Regulations; (3) dominant obstacles include regulatory asynchronous, weak law enforcement, minimal cross-agency coordination, limited data by name by address, suboptimal socialization, and conflicts of interest in non-agricultural development; (4) incentive-disincentive instruments have not been implemented consistently, although socially farmers tend to accept LP2B protection; and (5) quantitative evidence at the national level shows that LP2B policies have a positive effect on the percentage of rice fields, despite being suppressed by population density and real estate sector growth. This article emphasizes the need for an integrated spatial governance approach, strengthening regional institutions, and designing policies that are socially and environmentally just to ensure that LP2B is effective in maintaining regional food security.

Citra Resonansi Humaniora; Nailah Fiorenza Fitriyah; Iryanti Amanda Puspita Sari; Putri Annisa Tyara Anggie; Raisiya Nadhira Abhitah +2 more

Prosiding Seminar Nasional Ilmu Teknik 2026 Asosiasi Riset Ilmu Teknik Indonesia

Conflicts in transmigration areas are generally multidimensional and influenced by social, economic, land, and institutional factors. This study aims to identify the forms and distribution of conflicts in three districts of the transmigration area, namely Momi Waren District, Ransiki District, and Oransbari District, as well as to formulate a smart system-based conflict resolution approach through the use of spatial data, local institutions, and local wisdom-based settlement practices. Based on field mapping, four main categories of conflict were identified: 1) Land conflicts occur throughout the transmigration sites in the form of claims to transmigration land that has not been handed over to transmigrants because the compensation price is below normal. In addition, there is no ATR BPN office in South Manokwari Regency, one of whose functions is community empowerment and conflict resolution. 2) Economic conflicts occur because transmigrants are registered and recorded in the population registry, making it easy for them to access capital. Several economic activities in agriculture and transportation services are dominated by transmigrants, causing economic jealousy. 3) Social conflicts occur when the distribution of social assistance is uneven and the excessive use of illegally sold alcoholic beverages causes social unrest. 4) Institutional conflicts occur when civil servants, police, and military personnel are recruited, and not all indigenous Papuans who are nominated can be accommodated, requiring the involvement of tribal councils to formulate recommendations for recruitment that prioritize indigenous Papuans. The root causes of the conflict were analyzed using a root cause analysis approach that covered unclear land boundaries, unequal economic access, weak coordination between institutions, and low social trust due to differences in interests between groups. This study utilizes best practices from the Tribal Council, the South Manokwari Regency Transmigration and Manpower Office, the Religious Harmony Forum, and the Social Services Office as the basis for developing smart maps for an early warning system for conflicts. The results of the study formulate a Smart Conflict Resolution System framework consisting of three main components: (1) participatory spatial mapping of conflicts and key actors, (2) integration of institutional databases and social-customary mediation channels, and (3) design of smart maps as a mitigation and decision-making tool in transmigration areas. This system is expected to strengthen collaborative governance, prevent conflict escalation, and realize inclusive and sustainable management of transmigration areas

Yenita Ekasanti Sidabalok; Muliono Muliono; Galank Pratama

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

Land conflict between the Sihaporas indigenous community and PT Toba Pulp Lestari (TPL) remains an ongoing agrarian issue that directly affects the community’s livelihoods. The inclusion of the company’s concession within the customary territory has changed patterns of land control and use that were previously managed collectively across generations. This situation restricts access to agricultural land and forests, reduces sources of income, and creates social tensions and confrontations. This study aims to analyze the impacts of land conflict on the Sihaporas indigenous community and to examine the conflict through a political ecology perspective with a focus on power relations among actors. Using a qualitative case study approach, data were collected through interviews, observations, and document analysis. The findings show that the conflict affects economic, social, and cultural aspects of the community and reflects unequal power relations between indigenous peoples, corporations, and the state in controlling agrarian resources.

Jessica Carina Baptista Ferreira; Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the legal ambiguities surrounding the status of civilians actively engaged in hostilities (civilian combatants) within the framework of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). While the 1949 Geneva Conventions and the 1998 Rome Statute establish a clear demarcation through the distinction principle, the phenomenon of direct participation in hostilities (DPH) poses a significant legal challenge, as civilians forfeit their protected status upon taking part in combat. Using a normative-legal approach, this study analyzes how acts of violence committed by armed civilians can be categorized as war crimes, crimes against humanity, or gross human rights violations. The findings demonstrate that civilian status does not grant impunity for individuals who commit atrocities. Under the principle of individual criminal responsibility, the International Criminal Court (ICC) and national tribunals possess the jurisdiction to prosecute offenders, regardless of their formal military standing. Such legal enforcement is paramount to upholding the integrity of humanitarian principles and ensuring justice for victims within the landscape of modern armed conflict.

Elkanalisa Togatorop; Muliono Muliono; Galank Pratama

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The land conflict between the Pandumaan-Sipituhuta indigenous community and PT Toba Pulp Lestari is a form of agrarian conflict involving claims to control customary territory and corporate interests. This study aims to analyze the role of the Indigenous Peoples Alliance of the Archipelago (AMAN) in this conflict. The approach used was qualitative with data collection techniques through in-depth interviews and documentation studies. The results of the study indicate that AMAN plays a significant role in various aspects, such as legal assistance, mass mobilization, community organizing, legal education, and village deliberations. In addition, AMAN also builds networks with various parties to strengthen the bargaining position of indigenous communities. Through these roles, AMAN has succeeded in increasing the bargaining power of the Pandumaan-Sipituhuta indigenous community in facing the conflict with PT Toba Pulp Lestari. This study confirms that advocacy organizations such as AMAN have a crucial role in fighting for the rights of indigenous communities in land disputes, as well as being agents of change in resolving agrarian conflicts.

Yusuf Mahendra Surya; Sandy Bagus R; Rafni Aya S; Intan Nur Fadilla; Agatha Jumiati

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Land ownership disputes without rights are a common land issue that disrupts legal certainty for legitimate landowners. Although the national land law system has regulated land registration and the issuance of certificates as forms of legal protection, in practice conflicts are still found between physical possession and legal ownership. This research aims to analyze the legal status of the rightful landowner and the forms of legal protection in land ownership disputes without rights. The research method used is normative legal research with a statutory approach and a conceptual approach, examining Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997, and Government Regulation Number 18 of 2021. The research results show that land ownership certificates have strong evidentiary power and place the legitimate landowner in a more protected legal position, while unauthorized land possession does not gain legal legitimacy and can be qualified as an unlawful act. Therefore, legal protection for legitimate landowners must be consistently enforced to achieve legal certainty and justice in the field of land ownership.

Komang Yudiani; Made Sugi Hartono; I Nengah Suastika

Perspektif Administrasi Publik dan hukum 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The enactment of Law Number 1 of 2023 concerning the Criminal Code introduces the criminalization of cohabitation under Article 412, sparking public debate regarding state intervention in private spheres. This research aims to analyze the challenges faced by law enforcement in implementing cohabitation regulations within Indonesia’s pluralistic society. Utilizing a normative judicial research method with statute and conceptual approaches, this study examines secondary legal data including the New Criminal Code and various legal doctrines. The findings indicate that while Article 412 is designed as an absolute complaint-based offense to balance institutional marriage protection with individual privacy, its implementation faces substantial sociological hurdles. These challenges include potential conflicts with living law such as customary and religious norms, risks of over-criminalization, and the threat of social vigilantism due to public misinterpretation. This research implies that law enforcement must prioritize restorative justice and intensive socialization to prevent human rights violations and maintain social harmony in a diverse cultural landscape.

Abu A’la Al Maududi; Nur Fadillah Dalimunthe; Malikul Sholeh As Salim; Khairun Nisa

Jurnal Pengabdian Sosial dan Kemanusiaan 2026 Lembaga Pengembangan Kinerja Dosen

This study explores the profound impact of teacher personality competence on student character formation through a descriptive narrative lens grounded in the sociology of education. Education is not merely a technical transfer of knowledge but a complex social process where the teacher acts as a pivotal moral agent and role model. By synthesizing classical sociological paradigms—Functionalism, Conflict Theory, and Symbolic Interactionism—with contemporary empirical evidence, this article argues that a teacher's personality is a dynamic social construct that shapes the "hidden curriculum" and the overall school climate. The narrative analysis reveals that traits such as empathy, integrity, and social justice are not just individual attributes but essential tools for moral socialization and the internalization of collective values. The study finds that teachers who embody these virtues foster a sense of social belonging and ethical responsibility in students, effectively bridging the gap between individual identity and societal expectations. The article concludes that strengthening teacher personality competence is a strategic imperative for developing a resilient and morally grounded generation, recommending integrated professional development that emphasizes the teacher's role as a moral authority in the 21st-century social landscape.

Muhammad Ramadhanta Sayeed Hermanda; Windy Dermawan

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This manuscript does not aim to resolve ideological, historical, or religious claims over territory. Instead, it examines how contemporary forms of power shape protracted conflict through governance mechanisms that regulate land, labor, and resources. Drawing on conflict transformation theory, political economy, and critical governance studies, the article argues that dominant peace frameworks—centered on territorial partition, security coordination, or economic cooperation—are structurally limited because they leave asymmetric governance arrangements intact. These arrangements enable control without political integration, allowing domination to persist even in the absence of formal annexation. By reframing territorial maximalism as a governance project rather than a purely ideological aspiration, the study demonstrates how expansionist ambitions are operationalized through regulatory authority over space, mobility, and economic life. The case illustration of Jericho shows how localized stability and development initiatives can coexist with deep structural dependency when governance authority is not shared. Economic activity and administrative capacity, often interpreted as indicators of progress, may instead stabilize unequal power relations. To address these limitations, the article advances the concept of cooperative territorial governance as a pathway for conflict transformation independent of final-status agreements. By institutionalizing shared authority over labor regulation, land use, and resource management, this framework challenges governance-based domination and offers a pragmatic foundation for transforming the structural conditions sustaining modern territorial conflicts.

Simauli Margaretta Panjaitan; Besty Habeahan

Journal of Administrative and Sosial Science (JASS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

A land certificate serves as the strongest form of ownership evidence; however, conflicts over physical possession frequently occur, leading to legal uncertainty. This study examines the legal protection afforded to legitimate owners of land certificates whose land is unlawfully possessed by third parties. The 1945 Constitution of the Republic of Indonesia guarantees and protects the rights of Indonesian citizens, including their rights to acquire, own, and enjoy land ownership. The research employs a normative juridical method by analyzing relevant laws and regulations, such as the Basic Agrarian Law Number 5 of 1960 and Government Regulation Number 24 of 1997 concerning Land Registration. The data sources used in this study consist of both primary and secondary materials. The main issues addressed include the form of legal protection available to land certificate holders whose land is unlawfully controlled by third parties, and the legal remedies that may be pursued by the rightful owners to reclaim their rights. The findings indicate that legal protection for land certificate holders can be implemented through both preventive and repressive measures. Preventive protection is achieved through a land registration system that ensures legal certainty, while repressive protection is pursued through dispute resolution mechanisms in court. These mechanisms are expected to safeguard the rights of landowners and ensure the realization of legal certainty in a fair and equitable manner.