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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Imam Koeswahyono
Faculty of Law, Brawijaya University Malang, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

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The Urgency of Regulating Priority Rights for Former Land Rights Holders Over Management Rights Maratul Muslimatus Salimah; Imam Koeswahyono; Bambang Eko Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.340

Abstract

Regulations regarding management rights are still considered sporadic and fragmented, making the substance of management rights difficult to understand. One of the authorities of the holder of management rights is to use and utilize all or part of the land with management rights for their own use or in collaboration with third parties through land utilization agreements. Third parties can utilize the part of the land that is collaborated with the right to cultivate, right to build, or right to use. As is known, land rights can be granted over state land and management rights. If the term of land rights over state land expires, the former holder of the land rights is given priority rights to extend the land rights. This is different from land rights over management rights, where currently there are no regulations regarding the granting of priority rights to former rights holders. Third parties who utilize land with management rights properly and in accordance with spatial plans should be given priority rights to extend the land rights over management rights. This type of research is normative legal research with a statutory regulatory approach, a case approach, a conceptual approach, and a historical approach. The results of this study indicate that there is an urgency to regulate the priority rights of former holders of land rights over management rights, considering that the substance of management rights is part of the state's right to control. Thus, the characteristics of management rights in the context of land use agreements by third parties are in line with the objectives of the state's right to control, namely for the greatest prosperity of the people.
Legal Certainty of Indigenous Peoples' Customary Land Rights in Relation to Cultivation Rights : A Legal Certainty Perspective in West Kutai Tarisa; Imam Koeswahyono; Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.409

Abstract

This study examines the nature of land disputes between the Intu Lingau Indigenous Community and holders of plantation cultivation rights in West Kutai Regency and proposes a dispute resolution model based on the principle of legal certainty. It employs normative legal research using statutory, conceptual, and case approaches, analyzed through the theory of legal certainty. The research gap lies in the absence of studies specifically addressing the normative conflict between the recognition of indigenous communal land rights and the cultivation rights regime as the primary source of legal uncertainty in land dispute resolution. The findings reveal that the dispute extends beyond land control, reflecting a normative conflict between the constitutional recognition of hak ulayat and the state's grant of cultivation rights without an integrated legal framework. Consequently, dispute resolution mechanisms through regional governments and agrarian authorities have not provided definitive legal certainty. The novelty of this study is a legal certainty-based dispute resolution model consisting of three stages: recognition of indigenous communities and their customary territories, verification and legal audit of cultivation rights, and deliberation based on the audit results as the basis for settlement. This model is expected to strengthen legal certainty, protect indigenous communal land rights, and promote a more coherent land law system in Indonesia.
Legal Dualism in Land Controlover Grondkaart between PT Kereta Api Indonesia (Persero) and The Yogyakarta Sultanate Shafira Adelia Radiska; Imam Koeswahyono; M. Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.419

Abstract

This study aims to analyze the legal consequences of the dualism of land control involving grondkaart land claimed by PT Kereta Api Indonesia (Persero) that overlaps with Yogyakarta Sultanate Land (Tanah Kasultanan), and to formulate a future legal framework to ensure legal certainty. This study employs a normative juridical method using statutory, conceptual, case, and historical approaches. The data are analyzed qualitatively through grammatical, systematic, historical, and sociological or teleological interpretation. The overlap between control over grondkaart land and Sultanate Land, which reflects the intersection of Indonesia’s national agrarian law regime and the special legal regime of the Special Region of Yogyakarta, has not been specifically examined. This study proposes an integrated legal framework comprising the harmonization of legal norms, verification of land parcels, clarification of the legal status of grondkaart documents, regulation of the legal relationships governing land use, and administrative dispute resolution. The findings indicate that the dualism of land control creates uncertainty regarding land status and the legal basis for control because the relationship between, and the respective scopes of application of, Dictum IV point A of the Basic Agrarian Law (UUPA), Article 5 of the UUPA, and Article 32 of the Law on the Privileges of the Special Region of Yogyakarta remain unclear. This uncertainty affects land use, administration, registration, and the legal certainty of transactions involving land. Going forward, grondkaart documents should be positioned as historical and administrative records that support land identification and evidentiary assessment, rather than as substitutes for land title certificates. This approach should be accompanied by the clarification and regulation of the legal relationships between the parties.
Co-Authors Bambang Eko Supriyadi M. Hamidi Masykur Maratul Muslimatus Salimah Shafira Adelia Radiska Supriyadi Tarisa