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INDONESIA
Indonesian Journal of Agrarian Law
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 31106633     DOI : https://doi.org/10.15294/jal
Core Subject : Agriculture, Social,
Agriculture, Biological Sciences & Forestry Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Agrarian Law (ISSN 3110-6633), published by the Faculty of Law, Universitas Negeri Semarang, is a distinguished platform dedicated to the exploration, analysis, and discourse on key issues related to agrarian law in Indonesia and its global implications. This journal emphasizes the intersection of legal frameworks with agrarian practices, aiming to advance understanding and propose solutions for contemporary challenges in land governance, reform, and rural development.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 86 Documents
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Regulation of Sidewalk Use in Response to the Rise of Street Coffee Businesses in Cilacap Regency Alvin Dwi Arianto
Indonesian Journal of Agrarian Law Vol. 3 No. 3 (2026): Land Registration, Legal Certainty, and Dispute Resolution: Transactions, Licen
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i3.47678

Abstract

The use of sidewalks by street coffee businesses in Cilacap Regency has grown as part of microeconomic activity, but has the potential to disrupt public peace and order if not properly regulated. This study aims to describe the existence and use of sidewalks by street coffee businesses, as well as to analyze the regulatory measures taken by the local government in response to the proliferation of these businesses. The research questions in this study are: (a) What is the current state of the existence and use of sidewalks by street coffee businesses in Cilacap Regency? (including photos, data, interviews, and patterns of sidewalk use); (b) How are enforcement measures regarding sidewalk use in response to the proliferation of street coffee businesses implemented? (including the meaning of enforcement, legal basis, implementing agencies, the intended function of sidewalks, and implicit obstacles that arise). The research method employed is a socio-legal approach using a legislative and descriptive-analytical framework, supported by literature review, interviews, and field observations. The research findings indicate that regulation has been implemented through data collection, guidance, and enforcement actions by relevant authorities; however, its effectiveness has not yet been maximized. This is due to limited regulatory resources and infrastructure, weak interagency coordination, and the absence of detailed technical regulations regarding zoning and permits for sidewalk use. Therefore, it is recommended that clear technical regulations regarding zoning be established, inter-agency coordination be improved, and participatory guidance be strengthened. 
Land Dispute Resolution through Mediation between Land Cultivators and Building Use Rights Holders in Semarang City Najalya Siti Farizqa; Suhadi Suhadi
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.47729

Abstract

Land is a vital asset that is often the source of disputes, including overlapping disputes between cultivated land and land certified with Building Use Rights (HGB). This phenomenon occurs because there is still an overlap between physical control in the field and officially recorded legal data. This article aims to analyze the stages of mediation implementation in resolving land disputes at the Semarang City Land Office, as well as identify obstacles encountered and efforts that can be made to overcome them. This study uses an empirical legal method with a qualitative approach. Primary data was obtained through interviews with Young Land Administrators in the Dispute Control and Handling Section of the Semarang City Land Office. Mediation is carried out through structured stages, namely submitting an application, reviewing the case, clarifying the case, mediating the case, and determining the outcome. Mediation failed at the clarification stage because both parties insisted on maintaining their respective claims without any intention of compromising, so the parties were invited to resolve the case through the courts. The main obstacles found included initial refusal of mediation, the absence of one of the parties, and the lack of willingness to compromise. The success of mediation is not solely determined by the perfection of legal procedures, but is highly dependent on the good faith of the parties. Therefore, intensive socialization efforts, strengthening the capacity of mediators, and regular evaluation of failed mediation cases are needed to increase the effectiveness of non-litigation land dispute resolution.
Legal Analysis Of The Dismissal Of An Obscuur Libel Claim In A Good-Faith Land Dispute (Study Of Judgmen No. 82/Pdt.G/2025/PN CKR) Zakiya Az Zikra Ismail
Indonesian Journal of Agrarian Law Vol. 3 No. 3 (2026): Land Registration, Legal Certainty, and Dispute Resolution: Transactions, Licen
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i3.48241

Abstract

This study was motivated by the dismissal of a civil lawsuit based on the grounds of obscuur libel in a land dispute in Bekasi Regency, which resulted in a third party acting in good faith, Mr. Yealdi, becoming a victim of wrongful execution. The Cikarang District Court Decision No. 82/Pdt.G/2025/PN Ckr dismissed the lawsuit on the grounds that it did not meet the formal clarity of the statement of facts and the prayer for relief, even though the plaintiff held a valid title deed and alleged a violation of land rights. The objective of this study is to analyze the legal validity of the application of obscuur libel from the perspectives of civil procedure law, agrarian law, and the principle of substantive justice, as well as to assess its implications for the protection of the rights of bona fide third parties. Using a legal-normative research method that examines court decisions, legislation, and relevant legal literature, this study found that the rigid application of obscuur libel disregards the dimension of substantive justice and the principle of legal protection for rights holders acting in good faith, as mandated by the UUPA and the Constitution. Such procedural formalism has the potential to hinder access to justice and exacerbate inequalities in the resolution of agrarian disputes. As recommendations, the study proposes strengthening pre-trial mediation mechanisms, adjusting the interpretation of obscuur libel to be more responsive to substantive contexts, and developing judicial guidelines that consider socio-agrarian aspects in the adjudication of land cases.
The Effectiveness of Land Dispute Mediation by the Boyolali Regency Land Office in Resolving Agrarian Disputes Surya Wira
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.48251

Abstract

This study aims to analyze the effectiveness of land mediation conducted by the Boyolali Regency Land Office in resolving agrarian disputes. This study uses a socio-legal (empirical) approach, with data collected through in-depth interviews, observations, and document studies. The results indicate that although land mediation is conducted in accordance with applicable regulations, its success rate remains limited. Of the 18 cases mediated between January and December 2025, only 5 cases (27.8%) reached a resolution, 4 cases failed, and 9 cases are still ongoing. Major obstacles include the absence of one of the parties, legal representatives preferring litigation, and low public trust in the mediation process. Nevertheless, mediation is considered a faster, cheaper, and more accessible alternative compared to court proceedings, and remains a valuable mechanism for conflict resolution in agrarian disputes.
The Implementation of Land Control Indicated as Abandoned in Realizing Legal Certainty of Land Rights (Study at the Klaten Regency Land Office) Ihsanudin Herry Setyawan
Indonesian Journal of Agrarian Law Vol. 3 No. 3 (2026): Land Registration, Legal Certainty, and Dispute Resolution: Transactions, Licen
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i3.48307

Abstract

Through the inventory and identification procedure conducted by the Klaten Regency Land Office, this study seeks to analyse the application of land management indicated by abandonment in achieving legal certainty of the status of land rights and averting land disputes. This research is motivated by the fact that the use of land is still inconsistent with the purpose for which the rights were granted, thereby creating the potential for legal uncertainty and conflicts in land tenure. The research uses an empirical juridical approach with a qualitative descriptive method through document studies, interviews, and field observations. The results of the study show that the implementation of the land inventory indicated to be abandoned by the Klaten Regency Land Office has been carried out based on the provisions of Government Regulation Number 20 of 2021, through the stages of data collection, verification, field monitoring, and report preparation. However, the effectiveness of its implementation still faces various obstacles, such as limited administrative data, lack of coordination between agencies, limited resources, low participation of rights holders, and land ownership by other parties. However, inventory activities have implications for increasing legal certainty and have a preventive function in preventing potential disputes by providing clarity on the status and use of land. Therefore, it is necessary to strengthen data integration, cross-sector coordination, and increase public legal awareness to support the optimization of abandoned land management.
The Effectiveness Of The Implementation Of Sporadic Land Registration At The Boyolali District Land Office Winda Agustina Damayanti; Ubaidillah Kamal
Indonesian Journal of Agrarian Law Vol. 3 No. 3 (2026): Land Registration, Legal Certainty, and Dispute Resolution: Transactions, Licen
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i3.48367

Abstract

This study examines the effectiveness of sporadic land registration services at the Boyolali District Land Office, Central Java, Indonesia. Sporadic land registration serves as the primary mechanism for communities to obtain land certificates as legal evidence of land ownership; however, its implementation has not yet achieved optimal effectiveness. The objective of this study is to analyse the implementation of sporadic land registration and identify the factors influencing its effectiveness. This research employs an empirical legal approach by combining normative analysis of land regulations with field research through interviews with Land Office officials and direct observation of the registration process. The findings reveal that the implementation procedures generally comply with the Basic Agrarian Law and Government Regulation No. 24 of 1997. Nevertheless, the completion rate of land registration applications remains below the expected target, while the average processing time exceeds the established standard of ninety-eight working days. Using Soerjono Soekanto’s theory of legal effectiveness, this study identifies several major obstacles, including the limitations of the negative publication system with positive elements, the shortage of surveyors, inadequate digital infrastructure, and low public awareness regarding land registration. The study contributes to the development of empirical legal studies by demonstrating how administrative, technological, and social factors simultaneously affect land registration effectiveness. It concludes that sporadic land registration in Boyolali Regency has not yet operated effectively and requires institutional and technological improvements. Therefore, this study recommends increasing the number of surveyors, simplifying administrative procedures, accelerating electronic land services, and strengthening public legal awareness programmes.
Implementation of BPHTB Exemption under Semarang Mayor Regulation No. 64/2024: Tlogosari Kulon Case Study Nicholas Rangga Ardhi Nugraha
Indonesian Journal of Agrarian Law Vol. 3 No. 3 (2026): Land Registration, Legal Certainty, and Dispute Resolution: Transactions, Licen
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i3.48770

Abstract

Socioeconomic inequality in the city of Semarang remains a fundamental issue, particularly regarding the limited access of low-income communities to land rights due to the fiscal burden of the Land and Building Acquisition Tax (BPHTB). This study aims to analyze the implementation of Semarang Mayor Regulation No. 64 of 2024 on the Exemption from the Land and Building Acquisition Tax for Low-Income Communities through a case study in the Tlogosari Kulon Subdistrict, Semarang City, from the perspective of John Rawls’s social justice theory, particularly in guaranteeing the rights of the least advantaged through the mechanism of fairness. The research method used was an empirical legal approach with a case study design, involving in-depth interviews with representatives from Bapenda, Disperkim, Distaru, village officials, and residents categorized as low-income individuals, utilizing qualitative document analysis. The research results indicate a significant implementation gap, characterized by ineffective inter-agency coordination and a digital e-BPHTB infrastructure that remains unintegrated for the automatic verification of MBR status. Administrative complexities and a lack of outreach at the sub-district level have led to administrative exclusion of eligible residents. Without substantive integration between legal norms and technical systems, this policy remains merely formalistic and has yet to yield transformative impacts on social justice. Research recommendations include integrating the e-BPHTB platform with the Integrated Social Welfare Data (DTKS), strengthening the role of sub-districts as administrative facilitators, and synchronizing the exemption policy with the Comprehensive Systematic Land Registration (PTSL) program.
Implementation of Upgrading Building Use Rights to Land Ownership Rights in Semarang City Arya Salman
Indonesian Journal of Agrarian Law Vol. 3 No. 3 (2026): Land Registration, Legal Certainty, and Dispute Resolution: Transactions, Licen
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i3.48799

Abstract

This study examines the implementation of the conversion of Building Use Rights (Hak Guna Bangunan/HGB) into Ownership Rights (Hak Milik/HM) in Semarang City by highlighting various administrative, legal, and institutional challenges encountered in practice. The research employs a socio-legal approach that combines normative analysis of statutory regulations with empirical data obtained through field observations, in-depth interviews with stakeholders at the Semarang City Land Office of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and notaries, as well as document analysis. The findings reveal that the primary obstacles in the conversion process include overlapping authority among government agencies, incomplete application documents, and land status disputes, particularly involving land associated with government assets or land under Management Rights (Hak Pengelolaan/HPL). In addition, inadequate inter-agency coordination and the lack of integration within the land administration system further contribute to procedural delays and legal uncertainty for the public. These findings underscore the importance of strategic measures, including regulatory harmonization between central and local governments, institutional synchronization in land administration, and the digitalization of land registration services to enhance efficiency, transparency, and accountability in public service delivery. Therefore, this study contributes to the discourse on urban land governance by identifying practical obstacles in the field and offering policy recommendations aimed at strengthening legal certainty and the protection of land rights in urban areas of Indonesia.
Conflict of Land Ownership Between Historical Possession and Land Title Certificates in the Perspective of Agrarian Law (Study of Decision Number 7/Pdt.G/2024/PN.Pkl) Ivana Mirella Hapsari Hapsari
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.48918

Abstract

Land ownership disputes in Indonesia remain complex, particularly when conflicts arise between long-standing factual land control and formal legal ownership evidenced by certificates, reflecting a tension between legal certainty and substantive justice within agrarian law. This study analyzes the juridical aspects of unlawful acts in land tenure disputes through Decision Number 7/Pdt.G/2024/PN Pkl, using a normative juridical method with empirical reinforcement, combining statutory, conceptual, and case approaches, supported by limited interviews. The findings reveal that courts tend to prioritize formal legality, especially land certificates, as the primary basis for determining ownership, resulting in the rejection of claims based solely on factual control without formal evidence. Furthermore, the analysis shows that the elements of unlawful acts are closely linked to the validity of land rights, positioning legal ownership as a decisive factor in judicial reasoning. This condition illustrates an imbalance in the application of agrarian law, where legal certainty is upheld, yet substantive justice for parties with historical control over land is not always achieved. The study contributes to the development of agrarian law by emphasizing the need for a more balanced and inclusive approach that recognizes both formal legality and factual realities in land tenure. In this regard, improving access to land registration and strengthening mechanisms for legal recognition of long-term land control are essential steps to minimize agrarian conflicts and create a more equitable legal system.
The Validity of Business Agreements before the Fulfillment of Risk-Based Licensing in Indonesian Civil Law Athar Tristan Andana Kanz
Indonesian Journal of Agrarian Law Vol. 3 No. 3 (2026): Land Registration, Legal Certainty, and Dispute Resolution: Transactions, Licen
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i3.49159

Abstract

The development of the risk-based business licensing system thru Online Single Submission (OSS-RBA) raises legal issues related to the relationship between administrative obligations and the validity of agreements in civil law. The main issue lies in whether the incompleteness or delay of permits can affect the validity of contracts that have been agreed upon by the parties. This research aims to analyze the position of permits in determining the validity of agreements and to formulate an ideal legal construction in harmonizing administrative law and civil law. The method used is normative legal research with a legislative and conceptual approach, supported by relevant doctrinal studies and legal theories. The research results indicate that the validity of the agreement still refers to Article 1320 of the Civil Code, where the aspect of licensing is not included as a condition for the validity of the agreement as long as the causa does not contravene the law. The failure to obtain permits is more accurately categorized as an administrative violation. Furthermore, obstacles in the OSS system can be classified as a form of relative force majeure that affects the performance of obligations, but does not nullify the validity of the contract. The contribution of this research lies in strengthening the argument regarding the separation and simultaneous interconnection between public and private law in contractual practice. This research concludes that an integrative legal reconstruction is necessary, balancing legal certainty, justice, and utility.

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