Resolving Asset Ownership Disputes between the Indonesian National Armed Forces and Civil Society

Abstract

This study aims to analyze the legal status of assets controlled by the Indonesian National Armed Forces (TNI), identify factors causing ownership and control disputes with civil society, and evaluate the effectiveness of applicable laws and regulations in resolving these issues. This research adopts a literature review method with normative juridical and socio legal approaches. Data were collected through examination of primary legal materials, secondary legal materials, official documents, institutional reports, and various relevant scientific publications. The results show that normatively, a clear legal framework is already in place, affirming that all TNI assets are state owned property administered under the right of administration for defence and security purposes. In practice, however, disputes frequently arise due to incomplete administrative documentation, changes in spatial functions, differing legal perceptions, and normative inconsistencies across regulations. Available dispute resolution mechanisms, both non litigious and litigious, have been implemented in accordance with the principles of justice and legal certainty, yet require reinforcement through data synchronization, regulatory improvement, and enhanced inter agency coordination. This study concludes that optimal resolution demands a comprehensive approach that balances state interests with the protection of legitimate community rights.