The Legal Position of Grondkaart as the Basis of Ownership Rights for Land Owned by PT. Indonesian Railways (Medan District Court Decision No. 822/Pdt.G/2020/PN. Mdn)
This study aims to analyze the legal regulation of land rights based on grondkaart since the enactment of the UUPA, its legal force in Decision No. 822/Pdt.G/2020/PN.Mdn, and judges' considerations regarding land ownership by PT KAI. Normative legal research with descriptive analysis is the methodology employed, and primary, secondary, and tertiary data gathered from interviews and literature reviews are qualitatively assessed. The results of the study show that since the enactment of the UUPA, all land laws inherited from the Dutch East Indies are not valid and western land rights must be converted; land controlled by the Staatsspoorwegen (SS) through grondkaart is transferred to PT KAI after nationalization, but if it is not converted, it remains an unseparated state asset; and in Decision No. 822/Pdt.G/2020/PN.Mdn, the judge stated that the ownership of PT KAI was legal based on grondkaart without providing a juridical basis in accordance with the UUPA, while the lease of land by PT KAI on the basis of such rights was contrary to the provisions of the UUPA.
Authors
- Yamin Lubis
- Rosnidar Sembiring (ORCID: https://orcid.org/0000-0002-1593-8435)
- Musyaffa Andika
Institutions
- Universitas Sumatera Utara (ID)
Publication Details
- Journal
- International Journal of Law Analytics
- Published
- 2025-08-30
- DOI
- https://doi.org/10.59890/ijla.v3i3.25
- Primary Topic
- Legal Studies and Policies
- Type
- article
- Field-Weighted Citation Impact
- 0.00