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

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.