This study aims to analyze legal certainty regarding land ownership rights affected by natural disasters. This issue is significant because the existing regulatory framework in Indonesia has not yet optimally provided legal certainty for holders of land rights whose properties are impacted by disasters. This study employs a normative juridical method with a statute approach and a conceptual approach. The legal materials used include primary legal materials in the form of legislation, secondary legal materials comprising academic literature and scientific journal articles, and tertiary legal materials. The findings reveal two main conclusions. First, land ownership rights under Indonesian agrarian law constitute rights that are hereditary, strongest, and fullest in nature as stipulated in Article 20 of the Basic Agrarian Law, yet may be extinguished by operation of law upon the destruction of the land. Second, legal certainty regarding land ownership rights affected by natural disasters has not been optimally realized, either at the normative or empirical level. At the normative level, ambiguities remain in the definition of destroyed land, disharmony persists between disaster law and agrarian law, and no adequate provisions exist governing compensation for the extinguishment of ownership rights due to natural disasters. At the empirical level, the implementation of rights recovery in the field continues to be hampered by limited technical capacity and inconsistent policies. This study recommends regulatory harmonization and the establishment of clear mechanisms for compensation to holders of land ownership rights affected by natural disasters.
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