Discussing on the efficiency of land dispute settlement by administrative procedures from Case Law No. 49/2021/AL

Abstract

According to the current land law, a land dispute in which the involved parties do not have documents on land use rights can only choose the People's Committee or the Court to settle according to administrative procedures or civil proceedings. However, the law on the jurisdiction to settle land disputes has many shortcomings, especially the dispute settlement mechanism according to administrative procedures has not been as effective as expected. By studying and analyzing Case Law No. 49/2021/AL, the article clarifies difficulties in determining whether the jurisdiction to settle a land dispute belongs to the People's Committee or the Court. Besides that, the article also shows problems in determining the right to initiate a lawsuit under administrative procedures or civil proceedings and evaluating the effectiveness of settling land disputes according to administrative procedures. Finally, the article gives some recommendations to improve the law on the jurisdiction to settle land disputes.