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All Journal CARONG: Jurnal Pendidikan, Sosial dan Humaniora
Richard Alberto Immanuel
Universitas Tarumanagara
Religion Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Social Sciences

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LIMITS ON LAND POSSESSION BY CO-OWNERS FROM THE PERSPECTIVE OF UNLAWFUL ACTS: A STUDY OF SUPREME COURT DECISION NUMBER 5480 K/PDT/2025 Vivin Cemeila; Richard Alberto Immanuel
CARONG: Jurnal Pendidikan, Sosial dan Humaniora Vol. 3 No. 4 (2026): October, Education, Social Transformation, and Humanities in the Digital Era
Publisher : Universitas Serambi Mekkah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/76r1xq59

Abstract

Unlawful-act disputes concerning land commonly involve possession by a person who lacks a legal entitlement to the property. Supreme Court Decision Number 5480 K/Pdt/2025 presents a different configuration because Defendant I was acknowledged as a co-owner of the disputed land. This article examines the limits governing the exercise of co-ownership rights, particularly when unilateral possession and use may amount to an unlawful act, and analyzes the legal consequences that follow. The study adopts normative legal research using statutory, conceptual, and case approaches. The analysis shows that co-ownership does not authorize one co-owner to treat the entire property as if it were exclusively theirs. Exclusive control, permanent construction, and use of the land without involving the other co-owner are relevant circumstances in assessing violations of rights and standards of propriety. In this case, the remedy was not monetary compensation but the vacation of the land, demolition of the buildings, and restoration of the property. The article's novelty lies in examining the internal limits of co-ownership through the abuse-of-rights doctrine in connection with Article 1365 of the Indonesian Civil Code.
Co-Authors Vivin Cemeila