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Non-Litigation Process Land Dispute Settlement 
for Legal Certainty 

Teddy Chandra 

Faculty of Law, Maranatha Christian University 

email: notteddychandra@yahoo.co.id 
 

ABSTRACT 

The purpose of this study is to try to make the legal instruments for land use hold land 

disputes over land disputes. The research method used in research responsibilities is 

normative juridical. The results of this study suggest that land disputes that are formed 

are multi-dimensional and complex covering legal, economic, political, and social culture, 

national defense needs. Land administration is very important to reduce land disputes by 

following the land suitability regulations with article 19 paragraph (2) letter c of the UUPA 

Land certificates form public administration products, if disputes occur in the future, land 

dispute resolution and non-litigation land dispute resolution can be resolved. The part of 

the government that actively participates in the community helps to make an important 

contribution to public administration in Indonesia with land disputes and non-litigation 

process. This model of law enforcement seeks to realize legal certainty in order to create 

a sense of security, peace and harmony, the impact of order will encourage people to try 

and work well as an effort to improve the quality of their lives. This article finally looks at 

the development of law by means of harmonizing values to overcome the problem solving 

that does not exist, which is damaged or wrong, which is still lacking, congestion, and 

deterioration or a deterioration in circumstances. Win-win solutions are still strong enough 

and efficient to empower legal energy to resolve disputes in order to realize legal certainty 

and maintain social order in a culture. 

Keywords : Dispute Resolution; Land Reform; Non-litigation Process; Legal Certainty. 

 
INTRODUCTION 

 

Land is one of the main sources for the survival and livelihood of the Indonesian 

people, which is a gift from the Creator, namely Allah SWT. The philosophy of the Indonesian 

people wants to achieve an idealist that will seek land for the greatest achievement for 

the prosperity of the people who are divided fairly and evenly.1 Land is a very important 

factor in the life of a community, especially for the people of Indonesia where most of the 

population depends on land. In addition, land has a very important role in the life of the 

Indonesian people or in the implementation of national development which is held as a 

continuing effort to create a just and prosperous society based on Pancasila and the 1945 

Constitution2. 

 

 
1Harsono, Boedi. (2002). Menuju Penyempurnaan Hukum Tanah Nasional dalam Hubungannya dengan TAP 

MPR RI IX/MPR/2001. Jakarta: Universitas Trisakti, p. 4. 

2The 1945 Constitution of the Republic of Indonesia. 

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Relating to creating a just and prosperous society, a society is inseparable from 

population growth in a city/district. While the high growth of urban population and the 

increasing development of land, the demand for land also increases, while the land supply is 

very limited. This situation results in higher land prices and in certain areas it is increasingly 

difficult to obtain land. This often leads to land disputes, both the control and ownership of 

land between community groups, between communities and companies, both private and 

state-owned corporation (BUMN), and between communities and the government. 

Land will be cultivated or used for meeting real needs. In this connection, the 

provision, designation, control, use, and maintenance need to be regulated. In order 

to guarantee legal certainty by continuing to provide legal protection for many people 

while maintaining the sustainability of their ability to support sustainable development.3 

Considering the importance of land for human survival, the legal provisions governing land 

issues are urgently needed as stated by Wirjono Projodikoro:4 

“The existence of community needs for a rule of law certainty to the land in 
such a way, that every owner of the land-how much can be guaranteed in 
defending their property against interference from other parties”. 

 

Because of this, on September 24 1960, Law No. 5 of 1960 concerning Basic 

Regulations on Agrarian Principles (UUPA) was enacted.5 The UUPA fundamentally 

changed the land law that prevailed in Indonesia at that time. These changes include 

changing the law that prevailed before the UUPA, relating to customary law is the law that 

applies to the majority of Indonesia’s population.6 Thus after the entry into force of the 

UUPA, the law applicable to earth, water and space is a national agrarian law.7 UUPA has 

brought the Indonesian people into unity in the field of agrarian law. If it is read carefully, 

the contents of the UUPA contain the basic points and still require the existence of laws 

and regulations which are implementing regulations. 

The constitutional basis UUPA is based on Article 33 paragraph (3) of The 1945 

Constitution. The fourth amendment, which states that, “The earth and water and natural 

resources contained therein are controlled by the state and used as much as possible the 

prosperity of the people”, implies that each citizen have the right to enjoy the wealth and 

prosperity of the people is the goal to be achieved by Article 33 paragraph (3) of The 1945 

Constitution Fourth Amendment.8 

 
 

3Harsono, Boedi. (2002). Op. Cit., p. 5. 
4Prodjodikoro, R. Wirjono. (1974). Bunga Rampai Hukum: Karangan Tersebar. Jakarta: PT. Ichtiar Baru Van 

Hoeve, p. 170. 
5The Purpose of the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on 

Agrarian Principles. State Gazette of the Republic of Indonesia, Number 104 of 1960. Supplement to the State 
Gazette of the Republic of Indonesia, Number 2043. 

6Revocation is because the old legislation does not comply with the principles used. D., Moh. Mahfud M. 
(1998). Politik Hukum di Indonesia. Jakarta: LP3ES, pp. 178 – 179. 

7Soerodjo, Irawan. (2003). Kepastian Hukum Hak atas Tanah di Indonesia. Surabaya: Arkola, p. 3. 
8Article 2 Paragraph (1) of Law No. 5 of 1960. 



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The Elucidation of the UUPA emphasizes that the meaning of “mastered” in this 

article does not mean “owned” but rather is understanding; which gives authority to the 

state, as the power organization of the Indonesian nation, at the highest level to: 

1. Arranging and carrying out the designation, use, supply and maintenance of earth, 

water and space; 

2. Determine and regulate legal relations between people and earth, water and space; 

3. Determine and regulate the legal relationship between people and legal actions 

regarding earth, water and space. 

Right to control from the state referred to in Article 2 paragraph (1) of the UUPA 

shall be the state having the power to regulate lands that have been owned by a person 

or legal entity or free lands that have not been owned by a person or legal entity will be 

directly controlled by the state. 

The state‘s right to control cannot be transferred to another party. Granting the right to 

state land does not mean that the state relinquishes the right of control over the said land. The 

land is still under state control. The state does not relinquish its authority regulated in Article 2 

of the UUPA, on the land concerned. However, the state‘s authority over lands that have been 

granted with some rights to another party is limited, until there is a limit of authority which is the 

content of the given rights. The boundary must be respected by the state. Limitation of state 

power is a limitation held by the state for itself as a rule of law to not interfere with the control 

and use of land that has been granted with some rights to a person or legal entity.9 

On the basis of the state‘s right to control land in the UUPA, furthermore regulates 

various types of land rights granted to individuals and legal entities. The state grants certain 

types of land rights to individuals or legal entities. Rights holders are charged with the obligation 

to register their land rights in order to achieve legal certainty. The UUPA and its implementing 

regulations provide a guarantee of legal certainty over land rights in all regions of Indonesia. 

The Decree of the MPR RI No. IX/MPR/200110 states that agrarian reform is needed 

which includes a continuous process relating to the restructuring of mastery, research, use 

and utilization of agrarian resources, carried out in in order to achieve legal certainty and 

protection as well as justice and prosperity for all Indonesian people.11 

For legal certainty, one of the efforts taken is through recording. Systematic 

recording of land and land rights is important both for the state administration and for the 

planning and development of the use of the land itself and for legal certainty in the transfer, 

transfer or assignment of land rights.12 

 
 

9Harsono, Boedi. (1997). Hukum Agraria Indonesia: Sejarah Pembentukan Undang-Undang Pokok Agraria, Isi 
dan Pelaksanaannya. Jakarta: Djambatan, p. 243. 

10The Decree of The People‘s Consultative Assembly of the Republic of Indonesia Number IX/MPR/2001 
concerning Agrarian Reform and Natural Resource Management. 

11Harsono, Boedi. (1997). Loc. Cit. 
12Soerodjo, Irawan. (2003). Op. Cit., p. 26. 

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Carrying out land registration as mandated by Article 19 paragraph (1) of the UUPA 

and Government Regulation No. 24 of 199713 as an implementing regulation means that 

landowners receive protection and guarantee of legal certainty over land that has been 

registered and has strong evidence in the form of a certificate. This means it can reduce 

the occurrence of land disputes. 

UUPA requires the registration of land in order to guarantee legal certainty. Land 

registration is further regulated by Government Regulation No. 10 of 196114 which has 

been perfected by Government Regulation No. 24 of 1997 concerning Land Registration 

throughout Indonesia. 

Government Regulation No. 24 of 1997 which enhances Government Regulation 

No. 10 of 1961 retains the purpose and system used in the UUPA, namely that land 

registration is carried out in order to provide legal certainty in the land sector. In addition, 

the land registration system does not adhere to a pure negative system, but which contains 

positive elements. as stated in Article 19 Paragraph (2) letter c, Article 23 Paragraph (2), 

Article 32 Paragraph (2) and Article 38 Paragraph (2) of the UUPA. Land registration 

is carried out in two ways, first systematically covering an area of one village or a part 

of which is mainly carried out on the initiative of the Government. Second, sporadically, 

namely the registration of parcels of land at the request of the holder or recipient of the 

relevant rights individually or in bulk.15 

On the basis of the state’s right to control, the government has the obligation 

to carry out land registration throughout the territory of the Republic of Indonesia in 

accordance with the UUPA which is individualistic religious communalistic. Besides aiming 

to protect land, the UUPA also regulates the legal relationship to land rights through the 

transfer of certificates as proof of land rights for holders.16 Government Regulation No. 24 

of 1997 requires landowners to immediately register their lands because the certificate has 

the power of proof and certainty of land rights. 

Meanwhile, from 1960 to 2004 land in Indonesia which had been recorded there 

were 84 million plots of land, which had been registered as many as 29 million plots of 

land, with details:17 

1. Between 1960 and 1988, 11 to 12 million parcels of land had been registered; 

2. From 1988 to 2004, there were 16.5 million to 17 million land parcels registered. 
 

13Government Regulation of the Republic of Indonesia Number 24 of 1997 concerning Land Registration. 

State Gazette of the Republic of Indonesia, Number 59 of 1997. Supplement to the State Gazette of the Republic 
of Indonesia, Number 3696. 

14Government Regulation of the Republic of Indonesia Number 10 of 1961 concerning Land Registration. 
State Gazette of the Republic of Indonesia, Number 28 of 1961. Supplement to the State Gazette of the Republic 
of Indonesia, Number 2171. 

15Parlindungan, A. P. (1999). Pendaftaran Tanah di Indonesia. Bandung: CV. Mandar Maju, pp. 5 – 6. 
16Chandra, S. (2005). Sertifikat Kepemilikan Hak Atas Tanah: Persyaratan Permohonan di Kantor Pertanahan. 

Jakarta: PT. Gramedia Widiasarana, p. 13. 

17BPN. (2004, Oktober). Pelatihan Pendidikan Teknis Pejabat Pembuat Akta Tanah (Diklat PPAT). Puncak – 
Ciloto: Kementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional, p. 1. 



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In granting a certificate to a land owner with the principle of legal certainty, it creates 

a problem if the certificate as proof of land rights can still be claimed, because the truth of 

the data in the certificate can still be sued by the true land owner to the general court. The 

government in this case uses a negative system, because land registration in Indonesia has 

not been completed, as well the administration of land data in the local land office, such as the 

sub-district offices and the ranks of the relevant agencies have not been well recorded. This is 

expected because the data written in the certificate is incorrect or does not match the facts.18 

Accordingly, land disputes arise and originate from complaints from one party, 

namely individuals, groups or legal entities regarding objections or demands for the 

use, control of land rights. Complaint means the submission of information or reports 

from parties who feel that their rights to their land are harmed, to other parties deemed 

authorized with the intention of obtaining a settlement either through law enforcement in 

court (litigation) or outside court (non-litigation). 

Land disputes have increased from year to year19 which continued from 

independence, the Old Order, and the New Order until the current reform order. Land 

disputes can be purely a land ownership dispute for parties who feel they own land, but 

land disputes can also arise from efforts by land speculators to hamper development. 

The phenomenon of land disputes has been critically responded to by several legal 

practitioners. Paulus Effendi Lotulung stated that since the State Administrative Court and 

the Administrative High Court were established, the cases that have been accepted are 

mostly land matters. accordingly, the statement of the National Commission on Human 

Rights (KOMNAS HAM) that since its inception in 1994 the complaints that have come 

in are dominated by land issues. At the cassation level in 2001 there were 4,048 cases 

of civil cassation. Of that number, around 51.06% or as many as 2066 cases were land 

disputes. Meanwhile, the National Ombudsman Commission notes that land issues are 

ranked fifth out of complaints received, while the Agrarian Reform Commission‘s data 

base records around 1,753 land dispute cases.20 

According to the provisions of Article 16 of Law No. 4 of 200421 which has been 

perfected by the Law No. 48 of 200922 concerning Judicial Power, judges may not reject a 

case. This provision eventually led to many lawsuits over the ownership of certified land, 

which was followed by confiscation of land ownership, the party that won the case could 

not carry out the decision because of resistance from community members. 

 
18Vide Decision of District Court of Surabaya Number 338/PDT.G/2007/PN.SBY. 

19Sakti, Trie. (2006). Suatu Konsep Pemikiran Peradilan Pertanahan. Jurnal Ilmiah Hasil-Hasil Penelitian 
Pertanahan, Badan Pertanahan Nasional, 7(2), p. 1. 

20Ibid. 
21Law of the Republic of Indonesia Number 4 of 2004 concerning Judicial Power. State Gazette of the Republic 

of Indonesia, Number 8 of 2004. Supplement to the State Gazette of the Republic of Indonesia, Number 4358. 
22Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Power. State Gazette of the Republic 

of Indonesia, Number 157 of 2009. Supplement to the State Gazette of the Republic of Indonesia, Number 5076. 

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In addition, land dispute decisions issued by judicial institutions are not consistent 

and there is no unity of understanding of the concepts of land law, poor administration, 

data on land and decisions, no grouping of land status that is integrated from Relevant 

institutions, lack of knowledge of judges, and lack of data on previous decisions relating 

to land have caused decisions made by the court to be useless, instead creating new 

problems which have increasingly become the cause of land disputes.23 

This provision does not reduce the principle of providing balanced protection, 

both to those who own land and are controlled and used as appropriate and to those who 

acquire and control it in good faith, by him in order to provide legal certainty to holders 

of certified land rights, registration organizers Land needs support from several groups, 

in addition to the government as well as from all walks of life, and in particular the 

support of land rights holders. Legal certainty for certified ownership of land needs to be 

done in-depth and comprehensive research by developing various patterns in realizing 

legal certainty, specifically the process of resolving land disputes should be sought a 

theoretical conception in efforts to develop law and improve prosperity and welfare for 

landowners, so as to provide legal certainty for certified landowners and to avoid future 

land disputes. 

 
METHOD 

 

This descriptive study provides a description of the actual problem based on 

the facts that arise, the research methods used in accordance with the formulation of 

the problem that is the focus of this study. This type of research is juridical normative 

legal research that takes material derived from the literature contained in a variety of 

legal science libraries. Normative research which is the main research in this study is 

in accordance with the characteristics of typical legal science, so that the study material 

comes from the legal research library which is an academic scientific work. Normative 

juridical research uses primary legal materials, secondary legal materials, and tertiary 

legal materials. Departing from a legal issue that was examined by the author, then the 

technique of analyzing legal materials that have been summarized in full by the author, 

then described with qualitative analysis. 

 
ANALYSIS AND DISCUSSION 

 

Analysis and discussion contains a description of the results of research on issues 

that are the focus of research or the results of studies with efforts to develop the concept 

of legal development. The mandate of the 1945 Constitution in addition to being a political 

constitution can also be referred to as an economic constitution. One of the important 

 
23Chandra, Teddy. (2007). Sengketa Tanah Meruya Akibat Carut Marut Sistem Pendaftaran Tanah di Indonesia 

Dikaitkan Penyelesaian Sengketa Tanah. Majalah Poros, 5th  Edition, p. 53. 



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characteristics as an economic constitution is that the 1945 Constitution contains the idea 

of a welfare state.24 

Study of the concept of socioeconomic state, the state is obliged to bring prosperity 

to all people, both social and economic welfare. The state aims to prosper its people 

and is demanded to provide the best and broadest possible service to its people. The 

originator of the flow of utilitarianism25 states that the law made by the ruler must be aimed 

at realizing the greatest happiness for as many people as possible (the greatest happiness 

of the greatest number), then the purpose of the legislation made by the ruler must be able 

to produce happiness for the community. For this reason, the authorities with their laws 

and regulations must try to achieve four objectives, that is: 

1. to provide a living; 

2. to provide abundant food; 

3. to provide protection; 

4. to achieve equality. 

Article 33 of the 1945 Constitution has also accommodated the need for 

development in the economic sector and for the first time it originated from the concept 

formulated by Mohammad Hatta as the basis for economic politics in the context of further 

economic development.26 The formulation was carried out with consideration of changes 

in Europe (especially in the Netherlands), liberal capitalism gradually vanished and the 

flow of neo-mercantilism grew stronger. Based on this, Mohammad Hatta argued that the 

global economy that occurred in the third world at that time tended to develop and far from 

individualism, which would otherwise be closer to collectivism based on the principle of 

shared prosperity. Mohammad Hatta further said: 

“Indeed collectivism is in accordance with the ideals of life in Indonesia, since 
long ago the Indonesian people, as well as other Asian societies based on 
collectivism, which is known as the basis of mutual help”. 

 

It is this spirit of family and mutual cooperation that animates the formulation of the 

idea of managing people’s economic resources in the 1945 Constitution. The Indonesian 

economy is structured as a joint effort based on the principle of kinship. The important 

branches of production that control the lives of many people are controlled by the state. 

Only the branches of production that are not important or do not control the lives of many 

people can be developed outside of state power. All wealth controlled by the country, 

whether in the form of earth, water, and natural resources contained therein must be used 

for the greatest prosperity of the people. 

 
24Asshiddiqie, Jimly. (1998, 13 Juni). Undang-Undang Dasar 1945: Konstitusi Negara Kesejahteraan dan 

Realitas Masa Depan. In Pidato Pengukuhan Jabatan Guru Besar Tetap Madya. Jakarta: Fakultas Hukum, 
Universitas Indonesia, p. 1. 

25Ali, Achmad. (2002). Menguak Tabir Hukum: Suatu Kajian Filosofis dan Sosiologis. Jakarta: Gunung Agung, 
pp. 267 – 268. 

26Swasono, Sri Edi (Ed.) (1985). Sistem Ekonomi dan Demokrasi Ekonomi. Jakarta: UI Press, p. 1. 

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Being controlled by the state does not mean that the state itself is an entrepreneur, a 

businessman but a power of the state to make rules for economic smoothness, regulations 

which prohibit exploitation of the weak by capital.27 The purpose of state control over the 

sources of the country’s economy is to maximize the prosperity of the people. The state 

is obliged to:28 

a) all forms of utilization (earth and water) and the results obtained (natural resources) 

must significantly increase the prosperity and welfare of the community; 

b) protect and guarantee the rights of the people contained in or on the earth, water and 

certain natural resources that can be directly or directly enjoyed by the people; 

c) prevent all actions from any party that will cause people to not have the opportunity or 

will lose their rights to enjoy natural wealth. 

In connection with a system of economic management that is in favor of the 

people, Friedmann identified four functions of the state in the economic field, namely: 

1) as a provider (guarantor) of people‘s welfare:29 

2) as a regulator (regulator); 

3) as an entrepreneur (entrepreneur) or run certain sectors through state-owned 

corporation (BUMN); and 

4) as umpire (supervisor, referee) to formulate fair standards regarding the performance 

of the economic sector. 

Referring to the concept of socio-economic state such as the Indonesian nation, 

the state is obliged to bring prosperity to all people, both social and economic welfare. 

The state aims to prosper its people and is demanded to provide the best and broadest 

possible service to its people. 

In paragraph IV of the Preamble to the 1945 Constitution explicitly stated the 

purpose of the country, namely: 

“Protect all the people of Indonesia and all Indonesian blood and to promote 
public welfare, educate the nation‘s life and participate in carrying out world 
order based on independence, lasting peace and social justice …” 

 

Philosophical formation of the state or government and the organizing apparatus, 

among others, is aimed at preventing and avoiding, at least reducing disputes that 

occur within the community,30 by it can be interpreted that the function of the state and 

government is to provide protection for its citizens, both in the political and socio-economic 

fields. There is an influence on the task of government with a view to guaranteeing the 

 
27Hatta, Mohammad. (1977). Penjabaran Pasal 33 UUD 1945. Jakarta: Mutiara, p. 28. 
28Manan, Bagir. (1999). Beberapa Catatan Atas Rancangan Undang-Undang tentang Minyak dan Gas Bumi. 

In Makalah Fakultas Hukum. Universitas Padjadjaran: Bandung, pp. 1 – 2. 

29Abrar. (1995). Hak Penguasaan Negara Atas Pertambangan Berdasarkan Undang-Undang Dasar 1945. 
(Doctoral Dissertation), Universitas Padjadjaran, Bandung, p. 26. 

30Kusnardi, Moh., & Saragih, Bintan Regen. (1988). Ilmu Negara. Jakarta: Gaya Media Pratama, pp. 210 – 
225. 



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public interest, so that the field of work includes various aspects such as public health, 

education, housing, land distribution and so on,31 and is obliged to pay attention to general 

principles of good governance, that is:32 

“legal certainty, balance, equality of decisions, principle of accuracy, principle 
of separation of authority, justice, honesty, nullifying the consequences of 
null and void decisions, protection, wisdom and the implementation of public 
interests”. 

 

Development in the broadest sense includes all aspects of people’s lives, one 

of which is law and order enforcement which is an absolute prerequisite for efforts to 

establish a peaceful and prosperous Indonesia, it is natural that Hans Kelsen sees law as 

something that should (das sollen), so that apart from social reality (das sein). Everyone 

must obey the law as a state’s will. The law is nothing but a rule of order that requires 

people to obey as they should.33 

If the law is enforced and order is realized, the certainty of security, peace and 

harmony can be realized. No law enforcement and order will hamper the achievement of 

people who try and work well to meet their daily needs. This means that the law must be 

an instrument to direct society towards the desired goal. Legal reform efforts should begin 

with a conception that law is a means of community renewal,34 one of them carries out the 

function of law as an applied science to develop various procedures for legal certainty, as 

a consistent step in legal development. 

Law as an important means of maintaining order must be developed and fostered, 

so as to provide space for this change. Not the other way is hindering renewal efforts 

because they simply want to maintain old values. In fact, the law must come forward 

showing direction and giving way to renewal.35 Good law is a law that is in accordance with 

the law that lives in society. This shows that there is a compromise between the written 

law as the needs of the legal community for the sake of legal certainty and living law in 

the community (living law) as an expression of appreciation for the important role of the 

community in the formation and orientation of the law.36 

Legal development (not just legal renewal) in this sense is the harmonization of 

values to cope with what is missing, broken or wrong, lack, congestion and deterioration or 

deterioration. Whereas “law enforcement” should be interpreted as tackling these matters 

 

31Marbun, S. F., & D., Moh. Mahfud M. (1987). Pokok-Pokok Hukum Administrasi Negara. Yogyakarta: Liberty, 
p. 45. 

32Purbopranoto, Kuntjoro. (1981). Beberapa Catatan Hukum Tata Pemerintahan dan Peradilan Administrasi 
Negara. Bandung: PT. Alumni, 1981, pp. 29 – 30. 

33Rasjidi, Lili. (2001). Dasar-Dasar Filsafat dan Teori Hukum. Bandung: PT. Citra Aditya Bakti. 

34Kusumaatmadja, Mochtar. (1976). Hukum, Masyarakat dan Pembinaan Hukum Nasional: Suatu Uraian 
tentang Landasan Pikiran, Pola dan Mekanisme Pembaharuan Hukum di Indonesia. Bandung: Fakultas Hukum, 
Universitas Padjadjaran, pp. 8 – 9. 

35Kusumaatmadja, Mochtar. (2002). Konsep-Konsep Hukum dalam Pembangunan (Otje Salman & Eddy 
Damian Eds.). Bandung: PT. Alumni, p. 74. 

36Idham, H. (2004). Konsolidasi Tanah Perkotaan dalam Perspektif Otonomi Daerah. Bandung: PT. Alumni, 
p. 22. 

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based on a harmonious value interwoven system to maintain (law as a tool of social 

control) and improve (law as a tool of social engineering) peace of human life.37 

Law enforcement implies that there are three elements which must always receive 

attention, namely: justice, usefulness or usufruct and legal certainty.38 The large number 

of land disputes is caused by the lack of awareness and understanding of the community 

towards the laws and other legal regulations in the land sector. Coordination between 

agencies related to land issues, different perceptions of notions and regulations in the land 

sector need to be improved, so as not to cause uncertainty.39 

The political objectives of law not only guarantee justice, but also create legal 

certainty. Legal certainty is closely related to legal effectiveness, because legal certainty 

guarantees will arise, if the state has adequate means to implement existing regulations.40 

Land certificate as the final product of land registration as instructed by UUPA and 

Government Regulations No. 24 of 1997, has binded the officials of the National Land 

Agency (BPN) to issue certificates as a strong proof of land ownership.41 

The UUPA has laid the groundwork for providing legal certainty regarding land 

rights. Legal certainty regarding land rights is legal certainty aimed at the land sector, 

specifically regarding ownership and/or control. The existence of legal certainty over land 

rights will provide clarity about: 

1. certainty regarding the person or legal entity that is the holder of land rights, also 

known as certainty regarding the subject of rights; 

2. certainty regarding the location, boundaries, extent, whether or not burdened with other 

rights, and so on, in other words also referred to as certainty about the object of rights. 

Based on the provisions of Article 19 Paragraph (1) it is intended that the certificate 

is to guarantee legal certainty and in paragraph (2) letter c the certificate is a strong means 

of proof, that is:42 

“whoever submits events in his name on the basis of a right, is obliged to 
prove those events, on the other hand whoever submits events to rebut the 
rights of others, is also required to prove those events.” 

 

Theories about the burden of proof that can be used as a guideline, that is:43 
 
 

 
37Sutedi, Adrian. (2006). Kekuatan Hukum Berlakunya Sertifikat sebagai Tanda Bukti Hak Atas Tanah. Jakarta: 

BP. Cipta Jaya, p. 16. 
38Kusumaatmadja, Mochtar. (1970). Fungsi dan Perkembangan Hukum dalam Pembangunan Nasional. 

Bandung: Fakultas Hukum, Universitas Padjadjaran, p. 2. 

39Elyana. (1997, 6 Agustus). Peran Pengadilan dalam Pelaksanaan Peraturan Pemerintah Nomor 24 Tahun  
1997. In Seminar Kebijaksanaan Baru di Bidang Pertanahan, Dampak dan Peluang Bagi Bisnis Properti dan 
Perbankan. Jakarta. 

40Huijbers, Theo. (1995). Filsafat Hukum dalam Lintasan Sejarah. Yogyakarta: PT. Kanisius, p. 119. 
41Sutedi, Adrian. (2006). Op. Cit., p. 17. 
42Subekti, Raden. (1985). Pokok-Pokok Hukum Perdata. Jakarta: PT. Intermasa, p. 177. 
43Pitlo, A. (1978). Pembuktian dan Daluwarsa: Menurut Kitab Undang-Undang Hukum Perdata Belanda (M. 

Isa Arief, Trans.). Jakarta: PT. Intermasa, p. 45. 



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a. Theory of proof which is merely reinforcing (bloot affirmatief), namely: for those who 

say something must prove and who does not deny or deny it; 

b. Subjective theory which states that a civil process is the implementation of subjective 

law or aims to maintain subjective law which means that those who express or claim 

to have rights must prove; 

c. An objective theory which states that filing a lawsuit means the litigant asks the court 

that the judge applies the provisions of objective law to the events submitted. Therefore 

the litigant must prove and judge the task of applying objective law to the incident; 

d. Public theory which gives broader authority to judges to seek the truth by prioritizing 

the public interest.44 

Article 1865 of the Civil Code (Civil Code) and Article 163 of the Herzien Indonesisch 

Reglement (HIR) which states:45 

“Everyone argues that he has a right, or to assert his own rights or to deny 
someone else‘s rights, point to an event, is obliged to prove the existence of 
that right or event.” 

 

Article 164 Herzien Indonesisch Reglement (HIR) juncto Article 1866 of the Civil 

Code (Civil Code) states:46 

“So what is called evidence, namely: documentary evidence, witness evidence, 
evidence of suspicion, confession and oath” 

 

All of these evidences in a court case are considered important, but because the 

HIR adheres to the principle of formal proof, it is seen here that the written evidence which 

is only written evidence is considered important in the proof. 

The law of proof provides clues as to how the judge can establish the truth. In 

evaluating the strength of the evidence, several systems or theories of proof must be 

known, that is:47 

a. Subjective theory 

Whoever demands a subjective right must prove the existence of that right. And those who 

oppose that right must prove the absence of that right. So the litigant must prove the facts 

that give rise to that right and the defendant must prove the facts that negate that right. 

b. Objective theory 

The litigant must prove the existence of facts which, by objective law, are due to the 

legal consequences of the facts. Instead the defendant must prove the existence of 

facts which in objective law are deviations from the things raised by the litigant. 

 
 

44Prodjohamidjojo, Martiman. (1997). Hukum Pembuktian: Dalam Sengketa Tata Usaha Negara (UU No. 5 
Tahun 1986, LN No. 77). Jakarta: PT. Pradnya Paramita, p. 42. 

45Subekti, Raden, & Tjitrosudibio, R. (1995). Kitab Undang-Undang Hukum Perdata. Jakarta: PT. Pradnya 
Paramita, p. 475. 

46Tresna, R. (1995). Komentar HIR. Jakarta: PT. Pradnya Paramita, p. 141. 
47Afandi, Ali. (1986). Hukum Waris, Hukum Keluarga, Hukum Pembuktian: Menurut Kitab Undang-Undang 

Hukum Perdata (BW). Jakarta: PT. Bina Aksara, pp. 196 – 197. 

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c. Propriety theory 

The judge makes the distribution of evidence based on justice. In a dispute the litigant 

and the defendant have the same position and the judge divides the burden of proof 

according to his own sense of justice. The judge can oblige the party with the burden 

of proof that is the easiest to provide proof. The certificate as a strong means of 

proof in the proof of ownership, the certificate guarantees legal certainty regarding 

the person who holds the ownership rights to the land. Legal certainty regarding the 

location of the land, the boundaries and area of a parcel of land, and legal certainty 

regarding the rights to his land. Strictly speaking, for legal certainty, protection can be 

given to people whose names are listed in the certificate from interference from other 

parties and to avoid disputes with other parties. The guarantee of legal certainty is 

not only addressed to the person whose name is listed on the certificate as the owner 

of the land, but also is a government policy in creating an orderly administration of 

land which places an obligation on the government to carry out registration of lands 

throughout Indonesia. 

Efforts to implement and enforce law in Indonesia are divided into two dispute 

resolutions, namely in the court and outside the court. Non-dispute resolution arises based 

on the needs of the community that requires solving problems with easy and fast procedures 

and to achieve a legal problem or dispute resolution must be built a new paradigm, namely 

changing the paradigm to adjudicate into a paradigm of solving problems or legal disputes. 

This new paradigm covers two main strategies48, that is: 

a. Revitalization of functions to reconcile parties facing legal disputes. This function 

is mainly related to legal disputes that are not criminal cases, in accordance with 

existing provisions, the judge is obliged to bring the two parties to the dispute to have 

a discussion that produces a win-win solution; 

b. Revitalizing social institutions by providing stronger foundations for the development 

of alternative dispute resolution (ADR); 

c. Rearranging the procedure for the settlement of a case to be more efficient, effective, 

productive and reflects the integration of the system among elements of law enforcement 

by detailing the division of tasks and authority among legal officers. The principle of an 

integrated justice system in criminal cases (integrated criminal judicial system), is not 

enough to regulate the coordination relationship between law enforcement; 

d. Reorganize litigation rights which cause a protracted settlement, and contain various 

potential “permanent” conflicts between litigants. 

Non-litigation process is an institution for dispute resolution or dissent through 

a procedure agreed by the parties, namely settlement outside the court by means of 

consultation, negotiation, mediation, conciliation, or expert judgment. 

48Manan, Bagir. (2005). Sistem Peradilan Berwibawa: Suatu Pencarian. Yogyakarta: UII Press, pp. 25 – 26. 



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One alternative to dispute resolution that can be carried out outside the court and 

conducted in a court conducted in Indonesia is Mediation. Law No. 30 of 199949 and Supreme 

Court Regulation No. 1 of 200850, considering that mediation is the settlement of disputes through 

a negotiation process of the parties with the assistance of the mediator,51 to find a win-win solution. 

Along with the times and the human need for speedy resolution of a dispute, making 

dispute resolution in court is considered detrimental because it requires a long time and 

expensive costs. Based on this, it raises a breakthrough that can resolve cases quickly and 

at low cost. Alternative dispute resolution is usually used for disputes in the economic field. 

Not only does the alternative dispute resolution have the advantage of being able 

to settle a dispute in a short time and low cost, but it has a very risky weakness that the 

results of this alternative dispute resolution must be registered at the District Court within 

30 (days) in accordance with Article 6 paragraph (7) of Law No. 30 of 1999. 

If the registration of alternative dispute resolution results is received by the District 

Court within 30 (thirty) days it will not be an issue, but if the results of the dispute resolution 

agreed by the disputing parties are denied registration by the District Court or beyond 

the time period which has been determined, it will lead to a longer dispute resolution 

process. Alternative land dispute resolution institutions (Alternative Dispute Resolution) 

are mediation institutions that can be used to resolve problems in the form of an agreement 

between the parties to the problem in question. 

Along with the times and the human need for speedy resolution of a dispute, making 

dispute resolution in court is considered detrimental because it requires a long time and 

expensive costs. Based on this, it raises a breakthrough that can solve cases quickly and 

at low cost. Alternative dispute resolution is usually used for disputes in the economic field. 

Some of the advantages of Alternative Dispute Resolution are: 

a. Complete quickly; 

b. The desire of the parties to the dispute without coercion; 

c. Honorable and closed; 

d. Confidentiality of both parties to the dispute is guaranteed (not published); 

e. Expert opinions in their fields; 

f. Flexibility; 

g. Maintaining good relations between parties to the dispute; 

h. Time and cost savings. 
 
 

49Law of the Republic of Indonesia Number 30 of 1999 concerning Arbitration and Alternative Dispute 
Resolution. State Gazette of the Republic of Indonesia, Number 138 of 1999. Supplement to the State Gazette of 
the Republic of Indonesia, Number 3872. 

50Supreme Court Regulation of the Republic of Indonesia Number 1 of 2008 concerning Mediation Procedures 
in the Court. 

51Sutadi, Mariana. (2004, 17 – 18 Februari). Pendayagunaan Perdamaian Menurut Pasal 130 HIR/154 R.Bg 
dan Potensinya dalam Mewujudkan Keadilan yang Cepat, Sederhana dan Biaya Ringan. Paper presented at the 
Mediasi dan Court Annexed Mediation, Jakarta: Kerjasama antara Mahkamah Agung RI dan Pusat Pengkajian 
Hukum, p. 30. 

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Non-litigation process, among others, to carry out resolutions without the 

involvement of a third party, conciliation that is family friendly (mediation), namely 

mediation, with the assistance of a third party who is neutral in the effort to negotiate the 

settlement of the accident, the third party is not authorized to make decisions. 

The handling of land disputes can use settlement institutions based on authority 

as referred to in Government Regulations No. 24 of 1997, PMNA/Head of BPN No. 9 

of 199952 and PMNA/Head of BPN No. 1 of 199953, mediation institutions, negotiation 

institutions and Alternative Dispute Resolution agencies or alternative dispute resolution 

(ADR/APS). In dealing with these disputes it is possible to coordinate between stakeholders 

and consultations with relevant agencies. 

The potential to conduct a case in an alternative dispute resolution process through a 

mediation, arbitration process involving the BPN, the local government, community leaders, 

the affected community. Plaintiffs and defendants. The APS process reflects an easy, fast 

and inexpensive process so that it can resolve protracted land disputes at the court level. 

APS Decisions can be directly carried out by the land administration (BPN) without having to 

wait for a court decision because from the beginning all parties who litigated, the BPN, local 

government and community leaders have been involved in the APS process. 

The author’s argument for the settlement of the land must involve not only 

the plaintiff/defendant but the land administration operator, the local government and 

community leaders. This problem has been answered if the APS process which is a legacy 

of Indonesia’s ancestors that prioritizes the interests of the wider community rather than 

personal or group interests in resolving land issues. So that all parties sit together and 

equal/no party wins or loses (win-win lose) and realizes that the land he occupies now is 

a legacy of ancestors that must be preserved and preserved for the benefit of the people 

and the prosperity of the community as much as possible. 

 
CONCLUSION 

 

Negative land administration systems provide relative legal certainty for landowners 

as long as land ownership evidence is not proven otherwise. The administration process 

of issuing certificates through measurements, announcements, and examinations carried 

out by the national land office (BPN), Subdistricts and Villages is limited to procedural 

without a judicial review on the basis of normative juridical land ownership and recording of 

inaccurate transfer of rights causes errors in writing data on land and rights holders in the 

certificate can canceled. Land Dispute is a multi-dimensional and complex form of dispute, 

 
52Regulation of the Minister of State Agrarian/Head of the National Land Agency of the Republic of Indonesia 

Number 9 of 1999 concerning Procedures for Granting and Cancellation of State Land Rights and Management 
Rights. 

53Regulation of the Minister of State Agrarian/Head of the National Land Agency of the Republic of Indonesia 
Number 1 of 1999 concerning Procedures for Handling Disputes. 



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because it contains legal, economic, political, socio-cultural and security interests. The 

existence of land disputes illustrates the uncertainty of the competence of the judiciary’s 

structure in handling land disputes that take years. Mediation and arbitration help the 

parties to the dispute reach an acceptable and favorable agreement. 

 
REFERENCE 

 

Abrar. (1995). Hak Penguasaan Negara Atas Pertambangan Berdasarkan Undang-Undang 

Dasar 1945. (Doctoral Dissertation), Universitas Padjadjaran, Bandung. 

Afandi, Ali. (1986). Hukum Waris, Hukum Keluarga, Hukum Pembuktian: Menurut Kitab 

Undang-Undang Hukum Perdata (BW). Jakarta: PT. Bina Aksara. 

Ali, Achmad. (2002). Menguak Tabir Hukum: Suatu Kajian Filosofis dan Sosiologis. Jakarta: 

Gunung Agung. 

Asshiddiqie, Jimly. (1998, 13 Juni). Undang-Undang Dasar 1945: Konstitusi Negara 

Kesejahteraan dan Realitas Masa Depan. In Pidato Pengukuhan Jabatan Guru 

Besar Tetap Madya. Jakarta: Fakultas Hukum, Universitas Indonesia. 

Aswari, A., Buana, A. P., & Rezah, F. S. (2018). Harmonisasi Hukum Hak untuk Dilupakan 

bagi Koran Digital terhadap Calon Mahasiswa di Makassar. Kanun: Jurnal Ilmu 

Hukum, Universitas Syiah Kuala, 20(1), 39 – 62. 

BPN. (2004, Oktober). Pelatihan Pendidikan Teknis Pejabat Pembuat Akta Tanah (Diklat 

PPAT). Puncak – Ciloto: Kementerian Agraria dan Tata Ruang/Badan Pertanahan 

Nasional. 

Chandra, S. (2005). Sertifikat Kepemilikan Hak Atas Tanah: Persyaratan Permohonan di 

Kantor Pertanahan. Jakarta: PT. Gramedia Widiasarana. 

Chandra, Teddy. (2007). Sengketa Tanah Meruya Akibat Carut Marut Sistem Pendaftaran 

Tanah di Indonesia Dikaitkan Penyelesaian Sengketa Tanah. Majalah Poros, 5th 

Edition. 

D., Moh. Mahfud M. (1998). Politik Hukum di Indonesia. Jakarta: LP3ES. 

Decision of District Court of Surabaya Number 338/PDT.G/2007/PN.SBY. 

Elyana. (1997, 6 Agustus). Peran Pengadilan dalam Pelaksanaan Peraturan Pemerintah 

Nomor 24 Tahun 1997. In Seminar Kebijaksanaan Baru di Bidang Pertanahan, 

Dampak dan Peluang Bagi Bisnis Properti dan Perbankan. Jakarta. 

Government Regulation of the Republic of Indonesia Number 10 of 1961 concerning Land 

Registration. State Gazette of the Republic of Indonesia, Number 28 of 1961. 

Supplement to the State Gazette of the Republic of Indonesia, Number 2171. 

https://creativecommons.org/licenses/by-sa/4.0/


Volume 2, Issue 2, December 2019 : 177 - 194 

Non-Litigation Process Land Dispute Settlement for Legal Certainty 

192 | 

 

 

 
 

Government Regulation of the Republic of Indonesia Number 24 of 1997 concerning Land 

Registration. State Gazette of the Republic of Indonesia, Number 59 of 1997. 

Supplement to the State Gazette of the Republic of Indonesia, Number 3696. 

Harsono, Boedi. (1997). Hukum Agraria Indonesia: Sejarah Pembentukan Undang-Undang 

Pokok Agraria, Isi dan Pelaksanaannya. Jakarta: Djambatan. 

Harsono, Boedi. (2002). Menuju Penyempurnaan Hukum Tanah Nasional dalam 

Hubungannya dengan TAP MPR RI IX/MPR/2001. Jakarta: Universitas Trisakti. 

Hatta, Mohammad. (1977). Penjabaran Pasal 33 UUD 1945. Jakarta: Mutiara. 

Huijbers, Theo. (1995). Filsafat Hukum dalam Lintasan Sejarah. Yogyakarta: PT. Kanisius. 

Idham, H. (2004). Konsolidasi Tanah Perkotaan dalam Perspektif Otonomi Daerah. 

Bandung: PT. Alumni. 
 

Kusnardi, Moh., & Saragih, Bintan Regen. (1988). Ilmu Negara. Jakarta: Gaya Media 

Pratama. 

Kusumaatmadja, Mochtar. (1970). Fungsi dan Perkembangan Hukum dalam Pembangunan 

Nasional. Bandung: Fakultas Hukum, Universitas Padjadjaran. 

Kusumaatmadja, Mochtar. (1976). Hukum, Masyarakat dan Pembinaan Hukum Nasional: 

Suatu Uraian tentang Landasan Pikiran, Pola dan Mekanisme Pembaharuan 

Hukum di Indonesia. Bandung: Fakultas Hukum, Universitas Padjadjaran. 

Kusumaatmadja, Mochtar. (2002). Konsep-Konsep Hukum dalam Pembangunan (Otje 

Salman & Eddy Damian Eds.). Bandung: PT. Alumni. 

Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on 

Agrarian Principles. State Gazette of the Republic of Indonesia, Number 104 of 

1960. Supplement to the State Gazette of the Republic of Indonesia, Number 

2043. 

Law of the Republic of Indonesia Number 30 of 1999 concerning Arbitration and Alternative 

Dispute Resolution. State Gazette of the Republic of Indonesia, Number 138 of 

1999. Supplement to the State Gazette of the Republic of Indonesia, Number 

3872. 

Law of the Republic of Indonesia Number 4 of 2004 concerning Judicial Power. State 

Gazette of the Republic of Indonesia, Number 8 of 2004. Supplement to the State 

Gazette of the Republic of Indonesia, Number 4358. 

Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Power. State 

Gazette of the Republic of Indonesia, Number 157 of 2009. Supplement to the 

State Gazette of the Republic of Indonesia, Number 5076. 



Volume 2, Issue 2, December 2019 : 177 - 194 

Non-Litigation Process Land Dispute Settlement for Legal Certainty 

 | 193 

 

   

 
 

Manan, Bagir. (1999). Beberapa Catatan Atas Rancangan Undang-Undang tentang Minyak 

dan Gas Bumi. In Makalah Fakultas Hukum. Universitas Padjadjaran: Bandung. 

Manan, Bagir. (2005). Sistem Peradilan Berwibawa: Suatu Pencarian. Yogyakarta: UII 

Press. 

Marbun, S. F., & D., Moh. Mahfud M. (1987). Pokok-Pokok Hukum Administrasi Negara. 

Yogyakarta: Liberty. 

Parlindungan, A. P. (1999). Pendaftaran Tanah di Indonesia. Bandung: CV. Mandar Maju. 

Pitlo, A. (1978). Pembuktian dan Daluwarsa: Menurut Kitab Undang-Undang Hukum 

Perdata Belanda (M. Isa Arief, Trans.). Jakarta: PT. Intermasa. 
 

Presidential Regulation of the Republic of Indonesia Number 63 of 2013 concerning 

National Land Agency of the Republic of Indonesia. State Gazette of the Republic 

of Indonesia, Number 155 of 2013. 

Presidential Regulation of the Republic of Indonesia Number 20 of 2015 concerning 

National Land Agency. State Gazette of the Republic of Indonesia, Number 21 of 

2015. 

Prodjodikoro, R. Wirjono. (1974). Bunga Rampai Hukum: Karangan Tersebar. Jakarta: PT. 

Ichtiar Baru Van Hoeve. 

Prodjohamidjojo, Martiman. (1997). Hukum Pembuktian: Dalam Sengketa Tata Usaha 

Negara (UU No. 5 Tahun 1986, LN No. 77). Jakarta: PT. Pradnya Paramita. 

Purbopranoto, Kuntjoro. (1981). Beberapa Catatan Hukum Tata Pemerintahan dan 

Peradilan Administrasi Negara. Bandung: PT. Alumni. 

Qamar, N., Syarif, M., Busthami, D. S., & Rezah, F. S. (2016). Sosiologi Hukum (Sociology 

of Law). Jakarta: Mitra Wacana Media. 

Rasjidi, Lili. (2001). Dasar-Dasar Filsafat dan Teori Hukum. Bandung: PT. Citra Aditya 

Bakti. 

Regulation of the Minister of State Agrarian/Head of the National Land Agency of the 

Republic of Indonesia Number 1 of 1999 concerning Procedures for Handling 

Disputes. 

Regulation of the Minister of State Agrarian/Head of the National Land Agency of the 

Republic of Indonesia Number 9 of 1999 concerning Procedures for Granting and 

Cancellation of State Land Rights and Management Rights. 

Sakti, Trie. (2006). Suatu Konsep Pemikiran Peradilan Pertanahan. Jurnal Ilmiah Hasil- 

Hasil Penelitian Pertanahan, Badan Pertanahan Nasional, 7(2). 

https://creativecommons.org/licenses/by-sa/4.0/


Volume 2, Issue 2, December 2019 : 177 - 194 

Non-Litigation Process Land Dispute Settlement for Legal Certainty 

194 | 

 

 

 
 

Soerodjo, Irawan. (2003). Kepastian Hukum Hak atas Tanah di Indonesia. Surabaya: 

Arkola. 

Subekti, Raden, & Tjitrosudibio, R. (1995). Kitab Undang-Undang Hukum Perdata. Jakarta: 

PT. Pradnya Paramita. 

Subekti, Raden. (1985). Pokok-Pokok Hukum Perdata. Jakarta: PT. Intermasa. 
 

Supreme Court Regulation of the Republic of Indonesia Number 1 of 2008 concerning 

Mediation Procedures in the Court. 

Sutadi, Mariana. (2004, 17 – 18 Februari). Pendayagunaan Perdamaian Menurut Pasal 

130 HIR/154 R.Bg dan Potensinya dalam Mewujudkan Keadilan yang Cepat, 

Sederhana dan Biaya Ringan. Paper presented at the Mediasi dan Court Annexed 

Mediation, Jakarta: Kerjasama antara Mahkamah Agung RI dan Pusat Pengkajian 

Hukum. 

Sutedi, Adrian. (2006). Kekuatan Hukum Berlakunya Sertifikat sebagai Tanda Bukti Hak 

Atas Tanah. Jakarta: BP. Cipta Jaya. 

Swasono, Sri Edi (Ed.) (1985). Sistem Ekonomi dan Demokrasi Ekonomi. Jakarta: UI 

Press. 

The 1945 Constitution of the Republic of Indonesia. 
 

The Decree of The People‘s Consultative Assembly of the Republic of Indonesia Number 

IX/MPR/2001 concerning Agrarian Reform and Natural Resource Management. 

Tresna, R. (1995). Komentar HIR. Jakarta: PT. Pradnya Paramita. 


