Journal of Law, Poliitic and Humanities
Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities

Legal Certainty of Private Land Ownership Against the Control of Land by the Indonesian National Armed Forces

Gema Mutiara Insani (Unknown)
Muhammad Helmi Fahrozi (Unknown)



Article Info

Publish Date
20 Nov 2025

Abstract

The Indonesian Army’s control of the private land presents serious challenges to legal certainty in Indonesia and the protection of civilians’ rights. Disputes may arise from the Army’s physical control to the land because there is no a clear legal basis and it impacts citizens’ property rights and their economic access. This study adopts a normative juridical approach through the analysis of legal documents, laws and regulations in Indonesia, and other related academic legal literature. The inquiries shows that any control to the land without a clear legal procedure constitutes a legal uncertainty, disadvantages the land owners, and it contradicts to the rule of law and social justice. Moreover, The study also emphasizes the need for a dispute resolution mechanism through administrative and civil frameworks, alongside with the harmonization of its legal implementation, to ensure constitutional rights and mitigate future land-related conflicts between civilians and the military.

Copyrights © 2025






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...