UNLAWFUL ACTS IN LAND TENURE DISPUTES BETWEEN PAKEL FARMERS AND PLANTATION COMPANIES

Abstract

This study aims to analyze the legal elements of unlawful acts in the civil dispute between farmers in Pakel Village, Banyuwangi Regency, and a plantation company claiming land rights through formal legal instruments. The dispute has become a significant legal issue because it reflects the tension between community-based land control that has existed for generations and the formal land tenure system recognized by the state. The urgency of this research lies in the increasing number of agrarian conflicts in Indonesia that involve claims of ownership, compensation demands, and allegations of unlawful occupation of land by local communities. This research employs a normative juridical method with a statutory, conceptual, and case approach. Legal materials are obtained from legislation, court decisions, legal doctrines, and relevant scholarly publications concerning land law and civil liability. The findings indicate that the determination of unlawful acts cannot be based solely on formal land title ownership but must also consider historical land control, the social function of land, and the principles of justice embedded in Indonesian agrarian law. Furthermore, communities that have occupied and cultivated land continuously over a long period deserve legal protection, particularly when the status of land rights remains disputed. The study concludes that resolving agrarian disputes requires balancing legal certainty with substantive justice to ensure equitable protection for all parties involved.