Legal Dualism in Land Controlover Grondkaart between PT Kereta Api Indonesia (Persero) and The Yogyakarta Sultanate

This study aims to analyze the legal consequences of the dualism of land control involving grondkaart land claimed by PT Kereta Api Indonesia (Persero) that overlaps with Yogyakarta Sultanate Land (Tanah Kasultanan), and to formulate a future legal framework to ensure legal certainty. This study employs a normative juridical method using statutory, conceptual, case, and historical approaches. The data are analyzed qualitatively through grammatical, systematic, historical, and sociological or teleological interpretation. The overlap between control over grondkaart land and Sultanate Land, which reflects the intersection of Indonesia’s national agrarian law regime and the special legal regime of the Special Region of Yogyakarta, has not been specifically examined. This study proposes an integrated legal framework comprising the harmonization of legal norms, verification of land parcels, clarification of the legal status of grondkaart documents, regulation of the legal relationships governing land use, and administrative dispute resolution. The findings indicate that the dualism of land control creates uncertainty regarding land status and the legal basis for control because the relationship between, and the respective scopes of application of, Dictum IV point A of the Basic Agrarian Law (UUPA), Article 5 of the UUPA, and Article 32 of the Law on the Privileges of the Special Region of Yogyakarta remain unclear. This uncertainty affects land use, administration, registration, and the legal certainty of transactions involving land. Going forward, grondkaart documents should be positioned as historical and administrative records that support land identification and evidentiary assessment, rather than as substitutes for land title certificates. This approach should be accompanied by the clarification and regulation of the legal relationships between the parties.

Authors

Institutions

Publication Details

Journal
YURISDIKSI Jurnal Wacana Hukum dan Sains
Published
2026-11-03
DOI
https://doi.org/10.55173/yurisdiksi.v22i4.419
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Dualism in Land Controlover Grondkaart between PT Kereta Api Indonesia (Persero) and The Yogyakarta Sultanate

Mohammad Hamidi Masykur, Imаm Koeswаhyono, Shafira Adelia Radiska
YURISDIKSI Jurnal Wacana Hukum dan Sains
Legal Studies and Policies
article

Legal Dualism in Land Controlover Grondkaart between PT Kereta Api Indonesia (Persero) and The Yogyakarta Sultanate

Mohammad Hamidi Masykur, Imаm Koeswаhyono, Shafira Adelia Radiska
article en

Abstract

This study aims to analyze the legal consequences of the dualism of land control involving grondkaart land claimed by PT Kereta Api Indonesia (Persero) that overlaps with Yogyakarta Sultanate Land (Tanah Kasultanan), and to formulate a future legal framework to ensure legal certainty. This study employs a normative juridical method using statutory, conceptual, case, and historical approaches. The data are analyzed qualitatively through grammatical, systematic, historical, and sociological or teleological interpretation. The overlap between control over grondkaart land and Sultanate Land, which reflects the intersection of Indonesia’s national agrarian law regime and the special legal regime of the Special Region of Yogyakarta, has not been specifically examined. This study proposes an integrated legal framework comprising the harmonization of legal norms, verification of land parcels, clarification of the legal status of grondkaart documents, regulation of the legal relationships governing land use, and administrative dispute resolution. The findings indicate that the dualism of land control creates uncertainty regarding land status and the legal basis for control because the relationship between, and the respective scopes of application of, Dictum IV point A of the Basic Agrarian Law (UUPA), Article 5 of the UUPA, and Article 32 of the Law on the Privileges of the Special Region of Yogyakarta remain unclear. This uncertainty affects land use, administration, registration, and the legal certainty of transactions involving land. Going forward, grondkaart documents should be positioned as historical and administrative records that support land identification and evidentiary assessment, rather than as substitutes for land title certificates. This approach should be accompanied by the clarification and regulation of the legal relationships between the parties.

YURISDIKSI Jurnal Wacana Hukum dan Sains
University of Brawijaya (ID)
Openalex Percentile: Top 5%
Legal Studies and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon
Legal Dualism in Land Controlover Grondkaart between PT Kereta Api Indonesia (Persero) and The Yogyakarta Sultanate — Mohammad Hamidi Masykur, Imаm Koeswаhyono, et al. · YURISDIKSI Jurnal Wacana Hukum dan Sains (2026) | TGRS Research Map | TGRS