CARONG: Jurnal Pendidikan, Sosial dan Humaniora
Vol. 3 No. 4 (2026): October, Education, Social Transformation, and Humanities in the Digital Era

LIMITS ON LAND POSSESSION BY CO-OWNERS FROM THE PERSPECTIVE OF UNLAWFUL ACTS: A STUDY OF SUPREME COURT DECISION NUMBER 5480 K/PDT/2025

Vivin Cemeila (Universitas Tarumanagara)
Richard Alberto Immanuel (Universitas Tarumanagara)



Article Info

Publish Date
10 Oct 2026

Abstract

Unlawful-act disputes concerning land commonly involve possession by a person who lacks a legal entitlement to the property. Supreme Court Decision Number 5480 K/Pdt/2025 presents a different configuration because Defendant I was acknowledged as a co-owner of the disputed land. This article examines the limits governing the exercise of co-ownership rights, particularly when unilateral possession and use may amount to an unlawful act, and analyzes the legal consequences that follow. The study adopts normative legal research using statutory, conceptual, and case approaches. The analysis shows that co-ownership does not authorize one co-owner to treat the entire property as if it were exclusively theirs. Exclusive control, permanent construction, and use of the land without involving the other co-owner are relevant circumstances in assessing violations of rights and standards of propriety. In this case, the remedy was not monetary compensation but the vacation of the land, demolition of the buildings, and restoration of the property. The article's novelty lies in examining the internal limits of co-ownership through the abuse-of-rights doctrine in connection with Article 1365 of the Indonesian Civil Code.

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Journal Info

Abbrev

carong

Publisher

Subject

Religion Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Social Sciences

Description

CARONG: Jurnal Pendidikan, Sosial dan Humaniora menerbitkan artikel bidang: (1) Pendidikan: Pendidikan dan Pembelajaran, Pendidikan Karakter, Pendidikan Inklusi, Kurikulum Pendidikan. (2) Sosial: Ekonomi, Sosiologi, Psikologi, Sosial, Budaya, Antropologi. (3) Humaniora: Sastra, Sejarah, Bahasa, ...