Perlindungan Hukum dan Mekanisme Peralihan Hak atas Tanah terhadap Pihak yang Menguasai Tanpa Hak Formal (Bezit): Studi Putusan Mahkamah Agung Nomor 720 K/Pdt/2017

Abstract

Bezit is a Dutch term meaning possession or actual ownership. Article 529 of the Indonesian Civil Code defines bezit as a condition in which a person controls an object, either directly or through an intermediary, and treats it as if it were his or her own property. This possession consists of two essential elements: the physical element (corpus) and the intention to possess (animus domini). If one of these elements is absent, the possession cannot be categorized as bezit under the law. In Indonesia’s agrarian legal system, the validity of the transfer of rights is a key factor in determining the legitimacy of physical possession over land. Transfers of rights, such as the right of use, must meet both formal and material requirements as stipulated in the Basic Agrarian Law (UUPA) and its implementing regulations, including written agreements, authorization by competent officials, and registration with the National Land Agency (BPN). Failure to comply with these requirements weakens the possessor’s bezit status and creates legal vulnerability in ownership disputes.Furthermore, this study examines the concept of legal protection for individuals who possess land without formal legal title (onrechtmatig bezit) within the framework of Indonesian civil law. Based on the Civil Code, the Basic Agrarian Law, and several Supreme Court decisions, unlawful possession may still receive limited legal protection as long as it is carried out in good faith, openly, continuously, and without violating the rights of others. This protection aims to maintain legal order and prevent arbitrary actions without conferring formal ownership status.