Abstract
The concept of establishing a special court for land matters is part of legal development in the field of land. The urgency of its formation because of the land issue is massive and special. The problems arise due to the ambiguity of norms in articles 15 and 52 of the UUPA and the emergence of sectoral laws. Especially land tenure in the plantation and mining sectors as a trigger for occupation, overlapping land and regulations. The establishment of a land court as a reflection of the failure of the general court to apply the principles of the judiciary and the land agency in solving problems. Construction of the establishment of a land court in accordance with the Judicial Power Law and awaiting the passing of the Land Law. The land settlement process in the court which will be formed only applies an appeal. The position of the land court is part of the justice system and is in the general court sub-ordinate civil chamber. Keywords : Concepts, Land Issues, Land Special Courts DOI: 10.7176/JLPG/96-02 Publication date: April 30 th 2020
Highlights
Indonesia as a rule of law is normalized in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia which upholds the principle to ensure justice, certainty, order and legal protection for its people
The government is obliged to formulate legal products based on Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia as a philosophical basis of Act Number 5 of 1960 concerning Basic Principles of Agrarian Law referred to as UUPA or Undang-undang Pokok Agraria
Historical Basis of the Land Court Establishment Concepts Regarding the agrarian records in Indonesia, the researcher will first describe the history of the emergence of agrarian arrangements, with the aim of establishing a legal product or land court institution that is expected to be comprehensive in the future
Summary
Indonesia as a rule of law is normalized in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (hereinafter abbreviated as the UUD RI 1945) which upholds the principle to ensure justice, certainty, order and legal protection for its people. The government is obliged to formulate legal products based on Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia as a philosophical basis of Act Number 5 of 1960 concerning Basic Principles of Agrarian Law referred to as UUPA or Undang-undang Pokok Agraria. The norms formulated by the Act is the basis for all new agrarian laws programs as well as to harmonize the agrarian situation and philosophy of modern Indonesia and the embodiment of political determination to dismantle the entire system, philosophy, and structure of the colonial pattern which become a mastering structure that guarantee the people's prosperity.. The position of land as a legal object is a series of control of land, i.e., the right containing a series of authority, obligations and/or prohibitions for the holder of the right on the land entitled.
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