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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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Juridical Analysis of Overlapping Disputes of Land Rights Certificates Study of Semarang District Court Decision Number 237/Pdt.G/2024/PN.Smg. Putri Damayanti
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.v3i3.49191

Abstract

Disputes over land rights certificates are a problem that still often occurs in the practice of land law in Indonesia and shows the weak administrative system of land registration. To prove compliance with the concept of legal certainty and the social role of land, this study examines the judge's reasons in Decision Number 237/Pdt.G/2024/PN.Smg. This normative legal research uses a legal approach and a case approach through a literature review of primary, secondary, and tertiary legal sources that are analyzed in a qualitative descriptive manner. The findings of the study show that although land rights certificates serve as strong evidence, they can still be revoked if there is an administrative or legal error. From Utrecht's perspective, legal certainty demands clarity of rules and protection of the public from arbitrary government actions, which in this case have not been fully fulfilled due to the overlapping of certificates. According to Gustav Radbruch, the law must reflect certainty, justice, and utility. The judge's decision shows an effort to balance the principle of legal certainty and the social function of land through examining the validity of the parties' rights. However, the proof of physical data and the possession of land objects shows the complexity of resolving the dispute. The legal implications of this dispute include the administrative responsibility of the Land Office, the potential for civil lawsuits, and the possibility of criminal liability if there is an element of intentionality. 
Cancellation of SHGB on Cultivated Land Following PK Decision No. 788 PK/Pdt/2021: Responsibility of the Bogor Regency Land Office Ahmad Rifki Hanafi
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.v3i3.49489

Abstract

The issuance of land title certificates must be carried out in accordance with the principle of prudence to ensure legal certainty and protection for the community. However, in practice, there are still instances where Certificates of Right to Build (SHGB) are issued for cultivated land that has been physically controlled by the community for decades, thereby giving rise to land disputes. This study aims to analyze the implementation of the principle of prudence in the issuance of SHGBs by the ATR/BPN Land Office of Bogor Regency and to analyze the form of legal liability for the issuance of SHGBs on cultivated land that has been under community control for more than 20 years. This study employs a legal-empirical method using a statutory approach, a case study approach, and a conceptual approach. The results of the study indicate that the issuance of SHGB No. 4817/Sukahati in the name of PT. Star Tjemerlang administratively meets formal requirements; however, substantively, it does not align with the physical control of the land, which has been under Marja’s control since 1987. The discrepancy between physical and legal data indicates that the principle of due diligence has not been optimally applied, particularly in field verification and land history research. This study contributes to strengthening the concept of the Land Office’s legal accountability through the approach of unlawful acts by the government (onrechtmatige overheidsdaad). 
Legal Uncertainty of Land Owners in the Implementation of Land Exchange for Elementary School Construction (Case Study of Decision Number: 241/PDT/2015/PT.SMG jo. 74/Pdt.G/2014/PN.Jpa) Maulana Akhyar
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.v3i3.49662

Abstract

This study examines the legal uncertainty of land owners in exchanging land for the construction of elementary schools by highlighting the administrative and legal aspects. This study uses a legal approach.empirical juridical which combines normative analysis of statutory regulations withwith empirical data obtained through field observations, in-depth interviews with the land swap subjects, the Head of Karanggondang Village and the ATR/BPN of Jepara Regency, as well as analysis of related documents. The results of the study indicate that the implementation of the land swap in this incident was not carried out in accordance with applicable legal procedures because the replacement land promised to the original owner was never actually provided. In addition, there was a transfer of land rights through a land ownership certificate in the name of the village head which created legal uncertainty and harmed the heirs of the land owner. These conditions indicate maladministration and abuse of authority in the land acquisition process for the public interest. Thus, legal certainty in land swaps can only be achieved through transparent administrative procedures, the fulfillment of compensation rights appropriately, and a dispute resolution mechanism that can provide effective legal protection to land owners.
Legal Protection For Land Rights Holders Affected By The Pengapon–Boyolali Fuel Pipeline Program (A Case Study of Grogolan Village Residents) Valerio Aydin Hilmi Al Mirza
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.v3i3.49718

Abstract

Legal protection for landholders still faces challenges in practice when national infrastructure projects physically alter land conditions without adequate follow-up mechanisms. This article examines the legal protection afforded to holders of land rights in Grogolan Village, whose land has been affected by the construction of the Pengapon–Boyolali (BBM) oil pipeline transmission project carried out by PT Pertamina Patra Niaga. This study employs an empirical legal approach, combining field observations, in-depth interviews with affected landowners, village officials, and the Boyolali District Land Office (BPN), supplemented by an analysis of relevant legislation. The research findings indicate that legal protection for land rights holders in Grogolan Village has not yet been substantively realised. Applying Satjipto Rahardjo’s theory of legal certainty as the theoretical basis for evaluating legal protection, deficits were identified in all four of its constituent elements, physical changes to the land were not officially recorded in land documents, land certificates did not reflect the actual post-construction conditions, buffer zone restrictions were never formally communicated to landowners, and there was no active notification mechanism from Pertamina to the BPN. A public consultation that was not inclusive involving only two representatives from around 40–50 affected farmers demonstrates a failure to fully comply with Law No. 2 of 2012 on Land Acquisition for Public Interest. It is recommended that the regulations be amended to require energy infrastructure project implementers to facilitate the certificate splitting process and provide comprehensive the rights, obligations, and land use restrictions arising from pipeline corridors.
Analysis of Under-the-Table Land Transactions Using Receipts as Evidence in Bambankerep Subdistrict, Semarang City Yulianis Satul Faidhah
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.v3i3.50077

Abstract

The practice of private land sales and purchases based on receipts still occurs in society and raises issues regarding legal certainty regarding land ownership. This study aims to analyze the practice of private land sales and purchases in Bambankerep Village and its implications for legal certainty. This study employs an empirical legal methodology through a literature review of legislation and legal literature, as well as interviews with village officials and legal practitioners to obtain empirical data. The results indicate that the community still opts for informal transactions due to economic factors, procedural ease, and trust in local officials, even though such transactions are supported only by simple documents like receipts that lack legal standing as a basis for the transfer of rights. Consequently, buyers are in a legally vulnerable position and are prone to disputes. This study underscores the importance of using PPAT deeds and land registration to ensure legal certainty and provide legal protection for the parties involved in land transactions.
Effectiveness of Electronic Land Certification Services at the Land Office: A Study at the ATR/BPN Office of Surakarta Ibrahim Yahya
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.v3i3.54188

Abstract

This study discusses the effectiveness of electronic land certificate services at the Surakarta City Land Office. The implementation of electronic certificates is intended to improve legal certainty, efficiency, transparency, and land data security. This study aims to analyze the effectiveness of electronic land certificate services and identify factors influencing their implementation. The research method used is empirical juridical with a qualitative descriptive approach, in which data were obtained through interviews, observations, and document studies involving employees of the Surakarta City Land Office, Land Deed Officials (PPAT), and members of the public who use electronic certificate services. The study employs Soerjono Soekanto’s theory of legal effectiveness, which includes legal substance, law enforcement officials, facilities and infrastructure, public legal awareness, and legal culture. The results indicate that electronic land certificate services in Surakarta City have been implemented well in terms of regulatory support and personnel readiness. However, several obstacles were still identified, such as electronic systems that frequently experience disruptions, server maintenance, relatively lengthy data validation processes, and public doubts regarding digital documents. Nevertheless, electronic certificates provide various benefits, including faster administrative processes, better data integration, minimizing document forgery, and enhancing transparency in land administration services. This study contributes to digital land administration studies by highlighting challenges in implementing electronic certificates at the regional level. Therefore, it is necessary to strengthen technological infrastructure, improve human resource capacity, and conduct public outreach so that electronic land certificate services can operate more optimally and gain public trust.

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