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October 12, 2025JIHK0 citationsOpen Access

The Evidentiary Strength of Land Ownership: A Comparison Between Written Documentation and Twenty Years of Continuous Physical Possession

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IPIwаn PermаdiNKNita Kusumawati

Key Points

  • Written evidence is generally stronger in land dispute resolution than physical possession over 20 years.
  • Judges evaluate the evidence based on principles of evidentiary law, lacking a clear hierarchy.
  • Research indicates a need for clearer policies on evidence hierarchy in land disputes to enhance legal certainty.
  • Improved socialization on land registration principles is necessary to strengthen land rights in Indonesia.

Abstract

This article analyzes the strength of written evidence and proof of physical possession in registering land rights in Indonesia. This normative juridical research examines laws and regulations related to land registration, particularly GR No. 24/1997 and GR No. 18/2021. The results show that while evidence of physical possession for 20 consecutive years can be the basis for land registration, written evidence tends to have stronger evidentiary power in dispute resolution. However, the Indonesian legal system has no clear hierarchy between the two. Judges have an important role in assessing the evidence presented based on the principles of evidentiary law. This research recommends increased socialization on the importance of land registration and the need for a clearer policy on the hierarchy of evidence in land dispute resolution to improve legal certainty.

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Cite This Study

Permаdi et al. (2024) studied this question.

synapsesocial.com/papers/68eb6f7ceea689731b300461https://doi.org/10.46924/jihk.v6i1.212
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