INTERNATIONAL JOURNAL OF SOCIAL SERVICE AND RESEARCH STATE LAND ASSETS LEGAL PROTECTION OF INDONESIAN RAILROAD SYSTEM BASED ON GRONDKAART IN SEMARANG CITY

State land assets owned by PT. KAI (Persero) which is controlled by another party without the permission of PT. KAI (Persero) needs attention, because most of its ownership is marked with Grondkaart, which is a map of land during the Dutch colonial era. This paper aims to analyze the issue of how the position of Grondkaart in the legislation, how the legal protection of land assets of the Indonesian railways based Grondkaart in Semarang City. Based on the decisions of the judiciary, it was found that the court's decision gave rights to PT KAI (Persero) with the consideration that Grondkaart was recognized as proof of land ownership of PT KAI (Persero), although according to the National Land Law the certificate was strong evidence. PT KAI (Persero) obtains legal protection for the land it owns, because the land has been registered as a State asset, and Grondkaart is recognized as the basis for land ownership rights. However, by pointing out Grondkaart, PT. KAI (Persero) does not necessarily obtain legal certainty of land ownership, so that in practice PT. KAI (Persero) must go to court to fight for the ownership of the land. Recommendations for PT KAI (Persero) (1) To strengthen the position of PT KAI (Persero) on unregistered land, it is necessary to build a network system between PT KAI (Persero), the Ministry of Finance of the Republic of Indonesia, and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. Thus, it can be seen that the lands of PT KAI (Persero) as state assets are based on Grondkaart. (2) As a form of effort to save state-owned assets controlled by unauthorized parties and to create legal certainty, PT KAI (Persero) must be certified with Grondkaart ground.


INTRODUCTION
The city of Semarang is known as the center of trade and services.Vorstenlanden (Solo-Yogyakarta) in Kemijen Village by the Governor General of the Dutch East Indies Mr. LAJ Baron Sloet van de Beele on 17 June 1864 (Purwanto, 2021).
Based on historical records, along with the signing of the Dutch-Indonesian Round Table Conference (KMB) on December 27, 1949 which recognized the Sovereignty of the Republic of Indonesia, the Dutch colonial government handed over all government assets to the sovereign government of the Republic of Indonesia.The legality prevailing at that time on land assets was found in the Grondkaart format (land card/land measurement card/land map) as the basis for proof of ownership rights, such as that of PT Kereta Api Indonesia (Persero), [hereinafter referred to as PT KAI (Persero)], as a result of the inheritance of the assets of the Dutch government Railways (Staatspoorwegen/SS).
Grondkaart is a legal product that was part of the legal system at that time, and although the legal system has changed, the legal product is still legally valid until now.The bestemming lands (designated) for the State Land Assets Legal Protection of Indonesian Railroad System Based on Grondkaart in Semarang City benefit of the state are given by Grondkaart.
The land assets of the state railway company (Staatspoorwegen) described in Grondkaart were handed over to Staatspoorwegen. Based on S.110/1911jo S.430/1940    evidence recognized in civil cases consists of written evidence, witness evidence, allegations, confessions and oaths.
In the trial court, Grondkaart as a strong basis for rights was examined as evidence of physical possession and the basis for ownership rights.In the process, the authenticity and origin of the issuance of Grondkaart will be investigated which is used as proof of ownership.
With regard to land owned by PT.KAI Semarang, there was tension when the legal counsel for the occupants of the house tried to block the execution.The executor then emptied the items from the house by moving them.The heavy equipment that was prepared then dismantled the house in the housing complex owned by PT KAI (Persero) (Marendra, 2021).The execution took place as a form of effort to save state assets controlled by unauthorized parties in order to minimize potential state losses (Wintoko, 2019).
According to the study by researchers, PT Kereta Api Indonesia (Persero) Semarang Operational Area 4 has a fairly large area of land that has been controlled and used by community members and legal entities without permission, some are even inhabited with the permission of PT.KAI (Persero) Operational Area 4 Semarang, especially the housing for employees who have died, but are still used by their heirs, resulting in disputes arising.On the other hand, the fact is that PT.KAI (Persero) has not yet certified its land, but only uses a guide in the form of Grondkaart, namely a map of the land of the Dutch colonial era.Grondkaart can be converted through a land registration application in order to obtain a certificate according to its designation or needs from PT. KAI (Persero).This is the capital to save state-owned land assets from illegal occupancy and control by other parties.
The formulation of the problem in this research are: (1) what is the position of Grondkaart in the legislation?(2) how is the legal protection of land assets of the Indonesian railway state based on Grondkaart in Semarang City?

METHOD
This study uses a qualitative approach with a case report study method.By making use of case study research, researchers will gain specific expertise or insight into the problem they have chosen to explore, which is usually contemporary.Case study research allows researchers to examine phenomena in their context.Case studies are empirical investigations in the sense that they are based on knowledge and experience, or in a more practical sense, they require the collection and analysis of data (Creswell, 2017).In addition, a literature review is also included in this study.A literature review article provides a complete assessment of the relevant literature and provides examples of previous studies to build a knowledge Listyowati Sumanto, Irene Eka Sihombing, Endang Pandamdari framework (Paul & Criado, 2020).The literature review provides a theoretical framework as the basis for the study.

A. Grondkaart's position in the Laws and Regulations
Article 2 of the Republic of Indonesia Government Regulation No. 8 of 1953: The ownership of the land described in Grondkaart belongs to the Railway Department (now PT KAI Persero) because the land has been handed over to control based on the ordinance contained in the Staatsblaad (Ushmani, 2018).
In Although Grondkaart can be used as proof of control over the railroad land, the results of this study recommend a concept to prevent the loss of assets in the form of land controlled by PT KAI through land certificates.Against people who have occupied land owned by PT KAI (Persero), it is recommended to be compensated based on the value of the building on the land, or be relocated in the form of vertical housing (Flating Houses) (Sumanto et al., 2022).

Grondkaart in Semarang City
According to Setiono, legal protection is an action or effort to protect the public from arbitrary actions by the authorities not in accordance with the rule of law, to create order and peace so as to enable humans to enjoy their dignity as human beings (Setiono, 2004).Legal protection is an activity to protect individuals by harmonizing the relationship of values or Listyowati Sumanto, Irene Eka Sihombing, Endang Pandamdari rules that are manifested in attitudes and actions in creating order in the social life between human beings (Muchsin, 2003).Legal protection is the protection of the dignity and worth, as well as the recognition of human rights owned by legal subjects based on legal provisions from arbitrariness (Hadjon, 1987).Legal protection means providing protection for human rights that are harmed by others and that protection is given to the community so that they can enjoy all the rights granted by law (Rahardjo, 1993). Several Article 1 of Law no.86 of 1958 concerning the Nationalization of Dutch-Owned Companies located in the Territory of the Republic of Indonesia stated: "Dutch-owned companies located in the territory of the Republic of Indonesia which will be stipulated by Government State Land Assets Legal Protection of Indonesian Railroad System Based on Grondkaart in Semarang City land survey, two government officials related to the project.to be built, and the holder of the land rights.Thus Grondkaart can be referred to as proof of the location of government land which shows the boundaries of the land and is considered as the basis for proof of government land ownership rights.Each Grondkaart also contains the words "This Grondkaart was made and approved by a decree/decree of the Governor General or Director" (gemaakt of goedgekeurd door het besluit of beschikking van den Gouverneur Generaal/ Directeur van) (Dwina, 2020).Based on the Decisions of the Supreme Court of the Republic of Indonesia Number: 2505 K/Pdt/1989 and Number: 1262 K/Pdt/2014 which became the Jurisprudence of the Supreme Court, the existence of Grondkaart is proof of rights.Based on the Letter of the Minister of Finance Number: S.11/MK.16/1994dated January 24, 1995, it was confirmed that the land that was decomposed in the ownership of houses on land owned by PT KAI inhabited by the heirs of former PT KAI employees by paying rent to PT KAI (the lawsuit against PT KAI is against the law).In its development the residents no longer pay rent but demand ownership of the house.Second, disputes over state administrative decisions (certificates) related to PT KAI's land ownership on the basis of Grondkaart's rights on which certificates of Ownership and Building Use Rights are issued on behalf of other parties.In addition, there is also PT KAI land as evidenced by the overlapping Right of Use certificate with the certificate of Ownership on behalf of another party.Based on the decisions of the judiciary that became the object of this research, it was found that the court's decision gave rights to PT KAI (Persero) with the consideration of Grondkaart as the basis for the rights to land owned by the government (PT KAI) (Persero), although according to the National Land Law, certificates were used as evidence.strong.This is as a result of the publication system adopted by Indonesia, namely negative publications that contain positive elements.PT KAI (Persero) obtains legal protection for the land it owns, because the land has been registered as a State asset, and Grondkaart is recognized as the basis for land ownership rights.However, by showing grondkaart, PT.KAI (Persero) does not necessarily obtain legal certainty of land ownership, considering that proof of land ownership as regulated in the national land law is a certificate, so that in practice PT.KAI (Persero) must go to court to fight for the ownership of the land.