Academia Open
Vol. 10 No. 2 (2025): December

Heirs Lose Legal Protection When Land is Planned for Road Development in Indonesia

Lambonan, Jestika Erika (Unknown)
Rasji, Rasji (Unknown)



Article Info

Publish Date
08 Dec 2025

Abstract

General Background: Public infrastructure planning in Indonesia frequently triggers conflict between state development interests and private inheritance rights. Specific Background: The designation of inherited land for road development often occurs before heirs complete formal registration processes, creating uncertainty in their legal standing. Knowledge Gap: Despite clear expropriation requirements under the Basic Agrarian Law and the Land Acquisition Act, limited research examines how planning designations are misinterpreted to extinguish heirs’ rights without compensation. Aim: This study analyzes the extent of legal protection available to heirs when inherited land is included in a road-planning area, using a normative juridical approach and the Jakarta High Court Decision No. 225/PDT/2019 as a case study. Results: Findings show that planning documents are sometimes treated as automatically converting inherited land into state land, contrary to statutory due-process requirements, thereby depriving heirs of compensation and recognition. Novelty: The article exposes a critical doctrinal inconsistency in judicial reasoning and compares it with foreign eminent-domain standards that more robustly protect succession-based property rights. Implications: Strengthening heir verification, clarifying administrative procedures, and reforming land-acquisition governance are imperative to uphold constitutional property guarantees and prevent substantive injustice. Highlights: Highlights how road development planning can erode heirs’ legal protection before formal expropriation and compensation. Critically analyzes a Jakarta High Court decision that treats planned-road designation as automatically converting inherited land into state land. Proposes reforms such as mandatory heir verification and clearer procedures to align land acquisition with constitutional property guarantees. Keywords: Legal Protection, Heirs’ Rights, Land Acquisition, Road Development, State Land

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Journal Info

Abbrev

acopen

Publisher

Subject

Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Physics Social Sciences Other

Description

Academia Open is published by Universitas Muhammadiyah Sidoarjo published 2 (two) issues per year (June and December). This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This ...