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VOL. 8, ISSUE 2 (2022)
Reconstruction of land property rights dispute settlement regulations based on justice value
Authors
Saharuddin, Gunarto, Anis Mashdurohatun
Abstract
A land dispute is a form of dispute between individuals, legal entities, or institutions that do not have a wide impact. Settlement of land disputes can be done through litigation or non-litigation. This study consists of 2 (two) main problems, namely analyzing the weaknesses of dispute resolution of land ownership rights holders in the current Indonesian legal system which is still not based on the value of justice, and reconstructing legal dispute resolution for land ownership rights holders in the Indonesian legal system based on justice value. This study uses a constructivism paradigm with a sociological juridical approach by examining primary data and secondary data by determining the legal reality experienced in the field as well as qualitative descriptive methods. The results of this study shows that the weaknesses of land dispute resolution is the legal structure, abuse of duties and authority as officers of the National Land Agency in issuing land certificates, and judges who handle land cases using the HIR/RBg procedural law made to defend the material law, namely the Book of Laws. Civil law with the concept of western law does not defend the Basic Agrarian Law which has the concept of customary law. The two legal substances are the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 21 of 2020 concerning Handling and Settlement of Land Cases Stipulates that National Land is only a mediator and Judge's Decision whose execution is returned to the National Land Agency and the third is the factor of community legal culture where the level of legal awareness of the community does not have the intention to resolve land disputes. Reconstruction of Article 44 paragraph (5) if Mediation is reached a peace agreement is stated in a peace deed and registered by the National Land Agency of the parties in the District Court of the jurisdiction where the land is the object of the case to obtain a peace decision. And establish a special judicial body that handles land disputes.
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Pages:193-199
How to cite this article:
Saharuddin, Gunarto, Anis Mashdurohatun "Reconstruction of land property rights dispute settlement regulations based on justice value". International Journal of Law, Vol 8, Issue 2, 2022, Pages 193-199
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