Law Development Journal
Vol 8, No 2 (2026): June 2026

Legal Certainty Regarding The Right to Build on PT. KAI Land in the City of Medan

Muhammad Ali Adnan (Universitas Prima Indonesia)
Matius Lewi Sinaga (Universitas Prima Indonesia)
Vincent Owen Tieson (Universitas Prima Indonesia)
Ernita Br Ginting (Universitas Prima Indonesia)
Atika Sunarto (Universitas Prima Indonesia)



Article Info

Publish Date
15 Jun 2026

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.

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Journal Info

Abbrev

ldj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...