ANALISIS HUKUM TERHADAP TUMPANG TINDIH PENGUASAAN TANAH PADA KASUS PASAR AGRIBISNIS MANTUNG, KECAMATAN PUJON, KABUPATEN MALANG

TRISTYA LAILY PARAMITHA, 22314082 (2026) ANALISIS HUKUM TERHADAP TUMPANG TINDIH PENGUASAAN TANAH PADA KASUS PASAR AGRIBISNIS MANTUNG, KECAMATAN PUJON, KABUPATEN MALANG. Diploma thesis, Politeknik Agraria STPN.

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Abstract

This study is motivated by a land tenure overlap dispute in the case of the Mantung Agribusiness Market or Sub Terminal Agribisnis (STA) Mantung in Ngroto Village, Pujon District, Malang Regency, which originated from Bondo Deso (village treasury land) that was informally sold by the former Village Head to residents through Deeds of Sale and Purchase (AJB), with some residents even obtaining a Certificate of Ownership (SHM), before the land was developed into a market without adequate compensation. Based on this background, the study formulates three research problems: (1) what factors caused the land tenure overlap in the case of the Mantung Agribusiness Market; (2) what role and legal measures the National Land Agency (BPN) has taken to resolve the overlap; and (3) whether the dispute resolution is consistent with the principle of legal certainty in Indonesian land law. To answer these problems, this research employs an empirical juridical approach with qualitative methods, carried out through document study, interviews, observation, and field verification involving the affected residents, the Ngroto Village Government, and the Malang Regency Land Office. The findings show that the overlap resulted from three interrelated factors: (1) historical factors, namely village treasury land under the 1925 Survey Letter that was sold without a lawful procedure during 1995–1997; (2) administrative factors, namely negligent verification in issuing Certificate of Ownership No. 125 of 1997; and (3) institutional factors, namely weak coordination among the Ngroto Village Government, the Malang Regency Land Office, and related agencies. The Malang Regency Land Office has conducted field verification confirming the physical overlap, yet its legal measures remain limited to verification and initial mediation without producing a binding resolution. The dispute settlement is considered not yet fully consistent with the principle of legal certainty in Indonesian land law, since the village government's unilateral cancellation has not been tested through a court ruling. Accordingly, the study recommends renewed mediation using a win-win solution approach, accelerated verification and digitalization of land data by BPN, stronger inter-institutional coordination, and further comparative research on similar overlap cases in other regions. Keywords : Overlapping Land Certificates, Land Dispute, Bondo Deso Land, Legal Certainty, Land Administration

Item Type:	Thesis (Diploma)
Subjects:	H Social Sciences > HD Industries. Land use. Labor > HD29 Pertanahan
Divisions:	Prodi Diploma IV Pertanahan
Depositing User:	yosep ka perpus
Date Deposited:	13 Oct 2026 05:46
Last Modified:	13 Oct 2026 05:46
URI:	http://repository.stpn.ac.id/id/eprint/5226

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