RECONSTRUCTING THE RIGHT OF ACCESS TO LANDLOCKED PROPERTY WITHIN THE INDONESIAN LAND LAW SYSTEM

Abstract This research employs a normative-sociological legal research method. It aims to formulate a reconstruction of the law of servitude as an implementation of the social function principle of land rights concerning landlocked parcels within the Indonesian land law system. Data were collected through statutory, conceptual, comparative, and case approaches. The study finds that the legal reconstruction of servitude for landlocked land parcels should transform access rights into a limited real right attached to the land itself, thereby ensuring legal certainty and enforceability against third parties. Such a transformation requires explicit regulation of landlocked land and access rights within the framework of national land law, supported by judicial guidelines to ensure the consistent and equitable application of the social function principle of land rights. This study recommends strengthening the land law system through an integrated approach. At the principled level, Article 6 of the Basic Agrarian Law No. 5 of 1960 should be reconstructed to expressly prohibit the elimination of access to public roads. At the preventive-administrative level, regulations should be enacted to protect access to public roads and to provide for the registration of rights of way within the land administration system, thereby preventing the creation of landlocked parcels. Meanwhile, at the repressive level, the Supreme Court should issue a Supreme Court Circular Letter providing guidelines for the adjudication of disputes concerning landlocked land and rights of way in order to ensure uniformity of judicial decisions and legal certainty.