Overview of Land Dispute Settlement Procedures and its Preventions Based on BPN Regulations

In Indonesia, typical land disputes involve claims of ownership over the same plots of land, falsification of land certificate, disputes with local communities opposing land procurements, illegal occupations, conflicts on demarcation of land boundaries, and other issues.

In general, the prevailing laws and regulations provide a grace period of 5 years to whoever has any objection to apply for a land claim on the issuance of land certificate over a portion of land. On the other hand, if it is lapsed, the issuance of land certificate cannot be challenged accordingly. This is regulated under Article 32 paragraph 2 of Government Regulation No. 24 of 1997 on Land Registration.

It is common practice that land disputes are settled through court proceedings in the locations of the lands. The cases are settled through the administrative court presiding challenges against the legality of land certificates issued by the Ministry of Agrarian Affairs/ National Land Office (Kementerian Agraria dan Tata Ruang/ Badan Pertanahan Nasional or “ATR/BPN”); or the civil court for tort claims over land ownerships or occupations.

As an alternative of land dispute procedure, ATR/BPN has issued Regulation No. 21 of 2020 concerning Land Dispute Handling and Settlement (“ATR/BPN Reg. 21/2020”). This regulation was issued by BPN for guidance on the settlement of such disputes.

Dispute Resolution Procedures

Pursuant to Article 3 of ATR/BPN Reg. 21/2020, the commencement of land case settlements are generally initiated by complaints submitted by individuals, community groups, legal entities, government agencies, or technical units of the relevant ministry, regional office, local land office by submitting formal complaints with the required supporting documents, such as identification documents of the complainers, copies of land ownership, other relevant documents; and brief summary of case history.

Once the complaint is submitted, ATR/BPN will determine whether the complaint qualifies as a land dispute. If it is, the resolution process will be carried out through a sequential procedure, which includes:

• Case assessment;
• initial review determining the related parties, plan of handling, legal basis, collecting the data, setting the timeline, including the target and completion date;
• investigation;
• investigation Result explanation,
• coordination Meeting; (vi) final review; and
• case settlement.

(Article 6 of ATR/BPN Reg. 21/2020).

According to Article 17 of ATR/BPN Reg 21/2020, a dispute settlement is separated into the following criteria:

Mediation and Customary Settlement Avenues

The settlement of land disputes can also be made through the mediation process initiated by ATR/BPN upon request of the disputing parties, or by individuals or agencies upon request of the disputing parties. If it is amicably settled, the parties will enter into a Settlement Deed that should be registered to the relevant District Court, where the disputed land is located. If the case is not resolved through mediation, it will be settled through land case settlement as mentioned above (Articles 43 and 44 of ATR/BPN Reg. 21/2020).

In addition to the above, a land dispute can be settled through customary institutions established based on local wisdom of the community. Any decision on a land dispute settlement made by the customary institution can be formalized in the form of a Settlement Deed (Article 45 ATR/BPN Reg. 21/2020).

Prevention of Land Disputes

Due to so many similar and repetitive, land dispute cases nowadays, ATR/BPN has issued a procedural legal product, namely ATR/BPN Regulation No. 15 of 2024 on Land Case Prevention (“ATR/BPN Reg.15/2024”) as a procedure for early identification of land disputes.

According to Article 2 of ATR/BPN Reg. 15/2025, a land case prevention is carried out in stages that include:

• Case Identification: To identify the causes of a land dispute. The causes may be the internal factors (such as administrative errors within ATR/BPN), or external factors (including overlapping land rights, land-related crimes, inadequate documentation of land ownership, and insufficient system integration).
• Assessment of the Case Identification: An assessment is conducted to evaluate the level of the case based on its urgency, seriousness, progress, complexity, and/or the losses incurred.
• Recommendation: the formulation of recommendations is carried out based on the Case Identification and Assessment of the Case Identification that essentially include:
• regulatory analysis;
• policy strategy;
• inter institutional cooperation strategy; and
• a case prevention work plan.

Concluding Remarks

The regulatory framework issued by ATR/BPN reflects a comprehensive approach to addressing land disputes in Indonesia, combining formal dispute resolution mechanisms with preventive measures aimed at reducing recurring conflicts. While court proceedings remain a common avenue for resolving land disputes, ATR/BPN Reg. 21/2020 provides an important administrative alternative through structured handling, mediation, and coordination processes.

Complementing this, ATR/BPN Reg. 15/2024 emphasizes early identification and prevention by addressing both systemic administrative weaknesses and external risk factors that commonly give rise to land disputes.

Through these regulations, the Government of the Republic of Indonesia intends to promote legal certainty, administrative accountability, and sustainable land governance by resolving disputes efficiently, while simultaneously mitigating the risk of future conflicts.

Disclaimer: The information herein is of general nature and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. Specific legal advice should be sought by interested parties to address their particular circumstances.