GRONDKAART LEGALITY AS EVIDENCE OF LAND TENURE RIGHTS BY PT. KAI ACCORDING TO AGRARIAN LAW

Journal: International Journal of Educational Review, Law And Social Sciences (IJERLAS)

Publication: 2023-06-27 · Vol. 3 No. 5 · pp. 1386–1393

DOI: 10.54443/ijerlas.v3i5.998

Abstract

Grondkaart or block maps are documents that prove the ownership of assets which are wealth for an institution or company that must be maintained. There are several things that are still being debated regarding the position or legality of Grondkaart itself. One state company that still uses Grondkaart as proof of ownership of its land assets is PT. Kereta Api Indonesia (Persero) or PT. KAI. Land assets PT. KAI is a legacy of the Dutch railroad company which was subject to nationalization, the land often causes disputes due to evidence of land tenure in the form of Grondkaart which is not regulated in Law Number 5 of 1960 and Government Regulation Number 24 of 1997. The formulation of the problem in this article is (1) What is the position of Grondkaart as a basis for rights or evidence of land tenure according to Indonesian Agrarian Law? (2) How is the legal protection and legal certainty of Grondkaart as proof of land ownership by PT KAI so that it can provide a solution to land problems for the residents of Miji Mojokerto? The research method used in this article is the normative legal research method with statutory, conceptual and case approaches. The technique used in the analysis of legal material is to use grammatical interpretation and systematic interpretation. The results showed that Grondkaart's position was not regulated in Law No. 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation No. 10 of 1960 Jo. Government Regulation Number 24 of 1997 concerning Land Registration, this has resulted in that Grondkaart is not a strong proof of ownership of railway land, but can be used as a basis for ownership or as the basis for PT. Kereta Api Indonesia (Persero) to register their land in order to obtain a strong Certificate of Land Rights. Grondkaart is proof of PT KAI's land ownership which if in the process of securing assets a dispute occurs it can be used as proof of ownership where rights have never been renewed.