Civil Aspects of Land Ownership and Control Disputes

Abstract

Land ownership and control disputes remain one of the most persistent legal challenges in Indonesia, reflecting the deep-seated dualism between the Civil Code (KUHPerdata) and the Basic Agrarian Law (UUPA) of 1960. This study analyzes the civil aspects of such disputes by examining the conceptual distinction between ownership and control, the role of good faith, and the tension between legal certainty and social justice. Using a normative juridical approach, it reviews statutory provisions, judicial decisions, and scholarly interpretations to assess how civil law principles are applied in practice. The findings reveal that inconsistencies in judicial interpretation especially regarding good faith and ownership recognition stem from the fragmented interaction between civil and agrarian legal frameworks. While the Civil Code emphasizes private ownership and contractual autonomy, the UUPA introduces the social function of land as a resource for public welfare. This dichotomy often leads to uncertainty and prolonged litigation. The study proposes a reconstruction of civil law principles to harmonize doctrinal clarity, integrate fairness and social function, and reform procedural mechanisms. A more integrated, justice-oriented approach to civil law is essential to align individual property rights with national land policy, thereby enhancing legal certainty, fairness, and equitable access to land resources in Indonesia’s evolving socio-economic landscape.