Pembuktian Eigendom Verponding dalam Sengketa Tanah Dago Elos

Studi Putusan Peninjauan Kembali Nomor 109 PK/Pdt/2022 dan Putusan Kasasi Nomor 436 K/Pid/2025

Abstract

This study examines the evidentiary function of Eigendom Verponding in the Dago Elos land rights dispute following the criminal conviction of the Muller Brothers. This research employs a doctrinal legal research method with an explanatory approach. The findings indicate that following Presidential Decree Number 32 of 1979, former Western land rights whose terms expired on September 24, 1980, became land directly controlled by the State, with priority rights granted to occupants in accordance with the applicable regulations. Consequently, Eigendom Verponding no longer functions as independent proof of land ownership rights but rather serves as evidence of the chain of title to the land. In the Dago Elos land dispute, Judicial Review Decision Number 109 PK/Pdt/2022 held that the Muller Brothers, as the lawful heirs of the previous Eigendom right holder, possessed stronger legal standing than the Dago Elos residents who had physically occupied the land. Several years later, Cassation Decision Number 436 K/Pid/2025 found that the Muller Brothers had used birth certificates containing false information to establish a legal relationship with the previous right holder. This circumstance reveals the potential manipulation of the chain of title in the evidentiary use of Eigendom Verponding, resulting in legal uncertainty for the Dago Elos residents who have occupied the land for generations. Therefore, it is necessary to limit the recognition of claims based on Eigendom Verponding over former Western land rights and to strengthen land registration outreach for parties who have continuously occupied such land across generations.