Two neighbors are arguing over boundary markers. One village rejects the company's fence on the land they have cultivated for generations. An heir is suing the certificate in court. All three are land issues, but the Ministry of ATR/BPN labels them differently. This label determines who handles the case, through what stages, and when the case is considered resolved.
The regulations are outlined in the Minister of ATR/Head of BPN Regulation Number 21 of 2020 concerning the Handling and Resolution of Land Cases. As of the end of September 2026, JDIH BPK still records its status as Effective.
Three labels in Article 1
| Label | Who is in dispute | Size | Path |
|---|---|---|---|
| Dispute | individuals, legal entities, or institutions | not widely impactful | complaint to the land office, regional office, or ministry |
| Conflict | individuals, groups, factions, organizations, legal entities, or institutions | tends to or has already had a wide impact | complaint, same as dispute |
| Case | the parties in court | not about impact | judicial institution |
The area of land does not determine the classification. Disputes and conflicts are differentiated by their impact: whether the disagreement spills over beyond the parties involved. Cases are differentiated by their path. Once it enters the court, it becomes a case.
Then classified further by severity
Article 5 divides disputes and conflicts into three classes:
- Heavy cases: involve many parties, have complex legal dimensions, and/or have the potential to trigger social, economic, political, and security unrest.
- Moderate cases: between parties, the legal or administrative issues are fairly clear, and their resolution does not trigger unrest.
- Light cases: complaints or requests for guidance that are technical and administrative in nature. Can be answered with a guidance letter.
This classification determines the length of the process. Article 6 establishes seven stages that must be followed sequentially: case assessment, initial hearing, research, exposure of research results, coordination meeting, final hearing, and then resolution. Only moderate and light cases may skip some stages.
Documents required when filing a complaint
Article 3 paragraph (3) requests four items:
- Identity of the complainant. If authorized, include a power of attorney. Legal entities must attach the deed of establishment or the latest amendment.
- Photocopy of proof of land possession or ownership by the complainant.
- Photocopy of other supporting data regarding the disputed land or conflict.
- A brief chronological description of the case.
Incomplete documents will be returned and not processed. Complaints can be submitted through the mail counter, in-person counter, or online channel.
Mediate has strict limits
Mediate can be initiated by BPN or the parties themselves (Article 43). Article 44 sets several boundaries:
- In principle, the parties must attend in person. Representatives may only attend if there is a valid reason, and the representative must have the authority to decide.
- If invited three times appropriately and do not attend, the mediation is declared unsuccessful.
- If an agreement is reached, the peace deed must be registered by the parties at the District Court in the area where the land is located to obtain a peace ruling.
- If unsuccessful, the competent office will make its own resolution decision.
Article 45 opens another path: in certain cases, disputes or conflicts may be resolved through local customary institutions. The decision is formalized in an authentic deed and/or registered in court, after which it can be followed up by BPN. This path is relevant if the object is land controlled by customary law communities.
"Resolved" according to BPN may not mean resolved for you
Article 17 provides three criteria for resolution:
- K1, final: cancellation decision, peace agreement, or rejection letter.
- K2: guidance letter or determination of the entitled party, but still awaiting requirements from other agencies. Recommendations or proposals between offices also fall under this.
- K3: notification letter that the case is not under the ministry's authority.
Thus, a case can be recorded as resolved with K2 or K3 even though the land is not settled. Ask which criteria are applied to your case.
The cancellation of certificates also has limitations. As long as there is a lawsuit or seizure from law enforcement, the cancellation decision cannot be followed up by the land office (Article 31 paragraph (2)). Cancellation is also closed if the land has already transferred to a third party who is not a party in the case and obtained it in good faith before the case (Article 32).
The regulations are being revised
The draft amendment to this regulation has passed public consultation at JDIH ATR/BPN from April 6 to May 6, 2026, and its status is still a draft. Before preparing a complaint, check if the changes have been published.
If you prefer to hear the explanation of these three labels directly, there's a clip available.
Sources
- JDIH BPK: Minister of ATR/Head of BPN Regulation No. 21 of 2020 concerning the Handling and Resolution of Land Cases (status and text)
- JDIH ATR/BPN: Draft Minister of ATR/KBPN Regulation on the Handling and Resolution of Land Cases, public consultation 2026
- Hukumonline Clinic: Here are the Stages of Handling Land Disputes and Conflicts (January 19, 2021)