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All Journal Law Development Journal
Vincent Owen Tieson
Universitas Prima Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Legal Certainty Regarding The Right to Build on PT. KAI Land in the City of Medan Muhammad Ali Adnan; Matius Lewi Sinaga; Vincent Owen Tieson; Ernita Br Ginting; Atika Sunarto
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.719-731

Abstract

Land control by communities over state-owned assets, particularly land managed by PT Kereta Api Indonesia (KAI), raises legal issues concerning the certainty of land rights. This phenomenon occurs when communities occupy land over a long period without a valid legal basis, giving rise to conflicts between formal legality and social reality. The problem becomes more complex when the land is granted Building Use Rights to third parties. This study employs a normative juridical method with statutory, conceptual, and empirical approaches, and is analyzed qualitatively. The results indicate that Building Use Rights over PT KAI’s land assets remain legally valid if issued in accordance with applicable regulations; however, in practice, they are often ineffective due to physical occupation by communities. Therefore, resolving such conflicts requires an integrated approach through administrative structuring, legal measures, and non-litigation mechanisms such as mediation, relocation, and compensation in order to achieve equitable legal certainty.
Co-Authors Atika Sunarto Ernita Br Ginting Matius Lewi Sinaga MUHAMMAD ALI ADNAN