Land Boundary Disputes and the Importance of Physical Data
Another issue that frequently arises is uncertainty regarding the boundaries of a land parcel.
In such disputes, the issue is not limited to determining which party has a valid legal basis for its rights, but also whether the land claimed by one party actually encompasses or overlaps with the land possessed by another party.
As part of the initial land registration process, various activities are conducted, including the collection and processing of physical data, verification of rights, registration of rights, issuance of certificates, and recording of physical and juridical data.
Accordingly, in a land boundary dispute, relevant evidence may include survey documents, measurement drawings, cadastral maps, land books, historical records of possession, sale and purchase documents, boundary markers, measurements conducted by the Land Office, and statements from owners of adjoining land parcels.
Witness testimony may also be relied upon to explain the historical possession or boundaries of the land. However, such testimony should ideally not stand alone and should be assessed in conjunction with other supporting evidence.
This evidentiary principle is important because the court will assess the probative value of each item of evidence and its consistency with the other evidence before determining which party has the stronger legal basis for its claim.
What If the Dispute Has Already Been Brought Before the Court?
If the dispute has been examined by the District Court and subsequently decided on appeal by the High Court, a party that remains dissatisfied with the decision may, in principle, consider filing an appeal on points of law (cassation) with the Supreme Court, subject to the applicable procedural requirements.
Proceedings at the cassation stage are principally concerned with the application of law, or judex juris, rather than a complete re-examination of factual matters as conducted by the court of first instance.
Accordingly, a petition for cassation may be based, among other grounds, on an incorrect application of law by the lower courts, a violation of applicable law, or other matters constituting valid grounds for cassation under the prevailing laws and regulations.
For example, an issue may arise where the lower court’s judgment fails to provide adequate consideration of relevant evidence, incorrectly applies the applicable legal provisions, or contains issues in its assessment of evidence that ultimately result in an erroneous application of law.
At the cassation stage, the parties are generally not afforded an opportunity to introduce and have new evidence examined in the same manner as during the fact-finding proceedings before the court of first instance. Therefore, the formulation of legal arguments in the memorandum of cassation is particularly important.
If, after the judgment has obtained permanent legal force (inkracht van gewijsde), certain circumstances or evidence are discovered that satisfy the statutory requirements for a Judicial Review (Peninjauan Kembali or “PK”), such extraordinary legal remedy may be considered in accordance with the applicable laws and regulations.
Conclusion
In land disputes where documentary evidence of ownership is incomplete, the strength of each party’s legal position largely depends on the chain of evidence establishing the origin of the rights, transfer of rights, physical possession, and the identity and boundaries of the relevant land parcel.
An AJB executed before a PPAT constitutes important evidence of a sale and purchase transaction and serves as the basis for registering the transfer of land rights. A land certificate, meanwhile, constitutes formal evidence of rights and carries strong evidentiary value in respect of the physical and juridical data contained therein.
Where a claim is based on inheritance, the legal basis and history of the transfer of rights by inheritance must also be examined. In a land boundary dispute, land registration records and official measurement data are particularly important in determining whether the parcels claimed by the respective parties actually overlap.
Where a case has reached the cassation stage, the focus of the legal arguments shifts from factual determination to the correctness of the application of law by the lower courts. Accordingly, the judgments, judicial considerations, and evidence previously submitted before the lower courts should be comprehensively analyzed in order to determine the most appropriate grounds for cassation.
Legal Basis
- Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (Basic Agrarian Law/UUPA);
- Law Number 14 of 1985 concerning the Supreme Court, as lastly amended by Law Number 3 of 2009;
- Law Number 48 of 2009 concerning Judicial Power;
- Government Regulation Number 24 of 1997 concerning Land Registration;
- Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997, as amended several times, most recently by Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 16 of 2021; and
- Applicable Indonesian civil procedural laws and regulations concerning evidence and legal remedies.
- Hukum Online
