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RESOLUTION OF LAND DISPUTES IN A PERSPECTIVE OF INDONESIAN LAND LAW REFORMATION



Land disputes are steadily escalating currently. One of the main reasons is the inevitably growth of population and hence increasingly higher needs of land, while the availability of land is of course stable (finite).
This condition brings on some crises and frictions among communities and triggers uncontrollable amounts of land disputes. To make matters worse, the land disputes are now of high complexity. That is in line with the dimensions of land which now include not only legal dimension but also administrative, economic, politic, social, cultural, and even magic-religious ones. For the nation, land has a strategic dimension. Moreover, the incompleteness of regulations on the institutions and authorities in land dispute resolutions also open opportunities for land speculators or land mafia gangs. These may obstruct the development and impede prospective investors from entering into our nation, particularly for direct investments.
Today, there are two institutions with competence of resolving land disputes in Indonesia, namely general courts and public administrative courts. Therefore, their decisions are often incompatible or contradictory against one another even for the same case. The existing condition is very unsupportive to communities and to the survival of development in Indonesia. Therefore, it needs to study soon the issues in land dispute
resolutions so as to eliminate or at least to minimize the occurrences of land disputes in our nation.
The focus of this research was on how are the effective measures of resolving land disputes as seen from institutional and competence aspects. The method used in this research was a juridical-normative method with a legal historic and legal comparative approach. From the results of study and analysis it could be concluded that, in short term, the competence of law enforcers, particularly the judges of district courts and public administrative courts,
should be improved; in long term, it needs to establish an independent, specialized court with an authority to deal with land disputes on an ad hoc basis where all judges should be of high competence in the field of land laws and such court should be provided for in the new Bill of Land Law; besides, the resolutions of land disputes outside a court, such as arbitration, should be developed


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Description
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Publisher I J A B E R : .,
Language
Indonesia
ISBN/ISSN
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Content Type
Journal Articles

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