LEGAL PROTECTION FOR LANDOWNERS WHO HAVE NO ROAD ACCESS AND WHOSE LAND IS SURROUNDED BY OTHER PRIVATE PROPERTIES

The demand for land continues to increase, especially in major cities. As the availability of land remains relatively constant while the need for land rises, there is a necessity for proper, firm, and precise regulation concerning the control and use of land for the greatest prosperity of the people. In densely populated areas, the limited availability of land often leads to problems within the community. One such issue arises when a landowner whose property is entirely surrounded by land owned by others is unable to access public roads. The absence of clear legal provisions on this matter results in a legal vacuum. Therefore, this study focuses on legal protection and remedies available to landowners who lack access to public roads. This research adopts a normative legal approach. As a legal remedy, landowners who do not have access to a public road are entitled to request a right of way (easement) through neighbouring land. Furthermore, legal protection for such landowners includes both preventive and repressive measures. Preventive legal protection is embodied in legislation, specifically as regulated under Article 667 and Article 668 of the Indonesian Civil Code. Meanwhile, repressive legal protection is carried out through dispute resolution efforts, either through litigation in court or through mediation or deliberation outside the court.