Jurnal Sipakatau
Vol. 3 No. 4 (2026): Juni

Analysis of District Court Jurisprudence on Easement (Servitude) Rights in the Indonesian National Agrarian Law System

Bachder Syarif Arkiang (Universitas Muhammadiyah Bima, Indonesia)
Zuhrah Zuhrah (Universitas Muhammadiyah Bima, Indonesia)
Syamsuddin Syamsuddin (Universitas Muhammadiyah Bima, Indonesia)



Article Info

Publish Date
15 Jul 2026

Abstract

The absence of explicit regulation of easement (servitude) rights following the enactment of Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) has created legal uncertainty in disputes involving rights of way and other limited uses of neighboring land. Although servitude originated in the Indonesian Civil Code, Indonesian courts continue to apply the concept through judicial interpretation. This study analyzes the legal reasoning used in verified District Court and Supreme Court decisions and examines the implications of that jurisprudence for legal certainty and land-right protection. It employs normative legal research using statutory, conceptual, historical, and case approaches. The findings show recurring consideration of objective necessity, longstanding use, proportionality, Article 674 of the Civil Code, the social function of land, and unlawful interference. Differences in the weight assigned to these factors have produced variation in judicial reasoning. Jurisprudence has therefore filled part of the normative gap but cannot replace explicit statutory and registration rules. Comprehensive regulation is needed to strengthen legal certainty, judicial consistency, and balanced protection of dominant and servient landowners.

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Journal Info

Abbrev

Sipakatau

Publisher

Subject

Religion Arts Humanities Computer Science & IT Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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