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VOL. 10, ISSUE 4 (2024)
Legal reconstruction on land dispute settlement on state administrative court based on justice value
Authors
Humayni, Gunarto, Widayati
Abstract
The State Administrative Court has the
authority to examine, adjudicate, and decide on a decision equipped with
considerations. In land disputes dismissal process as regulated
in Article 62 paragraph (1) letter a of Law no. 5 of 1986 jo. Law no. 9 of 2004
jo. Law no. 51 of 2009 concerning the State Administrative Court still does not
provide legal certainty and justice because it is not uncommon to find that in
first-level decisions, appeals, and cassation, the panel of judges differs in
their understanding, some state the absolute competence of the district court
and some state otherwise that it remains the court—state administration which
has the authority to examine and decide land disputes. The objectives of this
research include: (1) to understand and analyze the weaknesses in resolving
land disputes in the State Administrative Court which is not yet fair, (2) to
understand and analyze the reconstruction of land dispute resolution in the
State Administrative Court based on the value of justice. This research uses a
juridical-empirical approach method using primary data and secondary data
(primary, secondary, and tertiary legal materials) then analyzed using a
descriptive-analytical approach. The research results show that the weaknesses
in resolving land disputes in the State Administrative Court are due to
differences in the interpretation of one panel of judges at the first level,
appeal, and cassation. Reconstruction of land dispute resolution in the State
Administrative Court can be carried out by reconstructing the norms of Article
62 paragraph (1) of Law no. 5 of 1986 concerning State Administrative Courts
regarding improvements to the dismissal process in determining absolute
competency.
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Pages:1-5
How to cite this article:
Humayni, Gunarto, Widayati "Legal reconstruction on land dispute settlement on state administrative court based on justice value". International Journal of Law, Vol 10, Issue 4, 2024, Pages 1-5
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