Sengketa Kepemilikan Tanah antara PT. Kereta Api Indonesia (KAI) dan Masyarakat yang Berhutang Atas Tanah Fisik (Studi Pengadilan Negeri Medan Nomor300/Pdt/G/2017/PN.MDN)

Abstract

Every land dispute requires resolution, either through litigation or non- litigation means. Non-litigation settlement, also known as an alternative dispute resolution, is conducted outside the court to achieve legal certainty in a more cost-effective, efficient, and mutually beneficial manner. This study discusses the following issues: How is the civil law perspective applied in resolving land disputes over PT Kereta Api Indonesia's (PT KAI) land occupied by the community? What are the pros and cons among the community disputing land ownership with PT KAI? And how does the judge's legal reasoning reflect in resolving the dispute between PT KAI and the community (Case Study: Medan District Court Decision No. 300/Pdu/G/2017/PN.MDN)?. This research employs a normative legal method. The results indicate that the resolution of land disputes between PT KAI and the community can initially be pursued through mediation before proceeding to court. The government, as the main regulator of railway transportation, should facilitate dialogue between the railway authority (operators, management) and the community through discussion forums, mediation, or face-to-face meetings. Community involvement is also essential- public awareness should be raised regarding railway operational procedures and their responsibilities as service users, such as adhering to safety rules and maintaining discipline at stations and on trains. Moreover, community-based supervision can be encouraged to monitor public facilities such as railway lines, thereby reducing potential conflicts and undesirable incidents.