Land Dispute Resolution Research Articles

Penanganan Sengketa Pertanahan dalam Perspektif Agraria

Dispute is an inseparable part of conflict, which can occur in various aspects of daily life. Studying disputes is crucial to understand their nature and resolution methods. This research uses a normative research method with prescriptive research specifications and a comparative, conceptual, and historical approach. Data is collected through a bibliographic study from primary, secondary, and tertiary legal sources. Land conflicts are often caused by issues such as boundary disputes, inheritance, state land control, and legal uncertainty in land tenure, which fundamentally stem from the imbalance of land rights ownership and uncontrolled land conversion. Land dispute resolution can be carried out through litigation and non-litigation pathways. The litigation pathway offers legal certainty, execution power, and transparency but has weaknesses in terms of cost, time, and its confrontational nature. Conversely, the non-litigation pathway is more efficient in terms of cost, time, and its collaborative nature, but is limited in terms of execution and legal certainty. Therefore, the choice of dispute resolution method must consider the characteristics of the dispute and the needs of the parties involved.

Tinjauan Yuridis terhadap Penyelesaian Sengketa Tanah di Jakarta Barat

T Land dispute resolution is a complex issue in Indonesia, especially in urban areas such as West Jakarta. These disputes often involve the sale and purchase of the land in question, as in case Number 59/Pdt.G/2023/PN Jkt.Brt. This study aims to analyze juridically the settlement of land disputes and how they are implemented in the Indonesian legal system. The method used in this study is normative legal research that focuses on literature review. The results of the study show that the implementation of mediation as one of the dispute resolution methods provides equal justice for both parties, and can result in a peace agreement that has legal force. The conclusion of this study is that the mediation mechanism has great potential in resolving land disputes more effectively than the litigation route.

Mediation of Boundary Conflict between the Dani Tribe and the Mee Tribe in Nabire Regency

This study discusses the implementation of mediation in handling territorial boundary conflicts between the Mee and Danoi tribes in Nabire Regency. Territorial boundary conflicts in Nabire have become a serious concern, leading to horizontal and social conflicts. Mediation is one of the best alternatives for conflict resolution. Therefore, this study aims to analyze the dynamics of the conflict and the mediation efforts carried out by the government and other stakeholders. The research method used is descriptive qualitative, with data collection from literature, the internet, and applicable legislation. The findings of this study indicate that this conflict is a social conflict affecting regional stability. However, the role of the government as a mediator is crucial in resolving land disputes. The mediator functions as a neutral party with experience, capability, and integrity in problem-solving. It is recommended that territorial boundaries be recognized as triggers for horizontal conflicts between communities. Therefore, it is suggested that local and regional governments coordinate to form a working team to issue a Regent or Regional Regulation on Village Boundary Determination in cooperation with local village and traditional authorities.

Evaluation of Traditional Land Dispute Resolution Mechanisms in Liberia

Land dispute is ubiquitous in Liberia. Most problems arise from people who squat on land illegally and in some instance sell the same parcel of land to more than one person. Usually, this issue is resolved by traditional land dispute resolution mechanisms. Therefore, this study aimed to evaluate the effectiveness of the traditional land dispute resolution mechanisms in Liberia by employing an empirical and comparative approach and drawing on data collected from 110 farming households. The nature of the conflict, causes of land dispute, individuals’ characteristics, the mandate of the traditional mediators, the linkage between the legal process and traditional land dispute resolution mechanisms, the forms of the resolution mechanisms, the acceptance of the outcomes, and political and social situations were carefully studied. The findings of this study thus supported the notion that traditional means for resolving land disputes are more efficient than the statutory system. Additionally, it was demonstrated that the traditional and the statutory land dispute resolution mechanisms complement one another. However, there is an indication that land dispute will continue to be the biggest concern in the future as many people have started squatting and exploring open areas throughout the country. This is because the country's land laws and policies are not widely known by the citizens. Thus, policy intervention is needed.

THỰC TRẠNG PHÁP LUẬT VỀ GIẢI QUYẾT TRANH CHẤP ĐẤT ĐAI VÀ GIẢI PHÁP HOÀN THIỆN

Land disputes are a common phenomenon occurring in social life. In particular, since land use rights are considered goods, land disputes are becoming increasingly complicated. In the process of implementing the plan to change the Land Law, the Draft Land Law (amended) has a number of new contents related to land dispute resolution that are worth noting. However, according to the new Land Law 2024 just passed by the National Assembly on January 18, 2024 (effective from January 1, 2025), this issue has almost nothing new compared to the provisions of the current Land Law 2013. Therefore, this article will analyze and evaluate current legal provisions related to land disputes, such as: concepts of land disputes, authority, procedures for resolving land disputes, guidelines for resolving land disputes, in order to contribute to perfecting the law on resolving land disputes in the coming time.

The Status of the People’s Tribunal in Resolving Land Disputes in the Dago Elos Community

This study aims to analyze the status of the People’s Tribunal within the context of land dispute resolution in the Dago Elos community. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that despite lacking legally binding power, the People’s Tribunal plays a crucial role in fighting for justice and giving a voice to communities who feel their rights have been neglected by the formal judicial system. In the context of the Dago Elos land dispute, the People’s Tribunal serves as a platform for the community to articulate their dissatisfaction with court decisions perceived as unjust, and to fight for recognition of their rights to land and natural resources. The People’s Tribunal also symbolizes resistance against the legacy of colonialism and encourages more responsive legal reforms. Therefore, it is recommended that law enforcement agencies consider the People’s Tribunal’s verdict as valuable input in the law enforcement process, especially in cases involving structural injustice and human rights violations. The government needs to be more responsive to the aspirations of the community and strive for agrarian legal reforms that are more just, by recognizing and protecting the rights of local communities to land and natural resources. The community is advised to continue to strengthen the role of the People’s Tribunal as an alternative means of dispute resolution and upholding justice. In addition, the community is expected to participate in the decision-making process and oversee public policies related to the management of land and natural resources to ensure that these policies benefit the wider community and are sustainable.

Analysing The Implementation of Agrarian Reform Policy in Supporting National Resilience

Agrarian reform is a strategic policy that aims to redistribute land to the community, tiny farmers, and tenants to reduce land ownership inequality and improve people's welfare. Land inequality in Indonesia is very high, with the land tenure Gini index reaching 0.68, higher than the income Gini index, which stands at 0.388. This inequality not only creates socio-economic problems such as poverty and agrarian conflict but also impacts national resilience. This research uses SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis to evaluate the implementation of agrarian reform policy and determine the right strategy to accelerate its implementation in supporting national resilience. This analysis identifies several strengths in the agrarian reform policy, such as government commitment and adequate infrastructure support. However, areas for improvement, such as lack of optimization of access to agrarian reform programs and slow resolution of land disputes, were also found. Opportunities include community empowerment and increased economic resources, while threats come from resistance from parties with specific interests and challenges in land redistribution. The results of this analysis are expected to provide strategic recommendations to improve the implementation of agrarian reform policies, such as strengthening cross-sectoral cooperation, increasing socialization and training, and improving access to information for the community. Thus, an effective agrarian reform program is expected to enhance community welfare and contribute to national resilience.

Legal Certainty and Procedural Justice in Land Management in Indonesia: Ensuring Rights Protection and Effective Dispute Resolution

Land disputes are a persistent issue in many countries, including Indonesia, often complicated by conflicting land certificates and ambiguous regulations. This article explores the multifaceted aspects of resolving such disputes, emphasizing the pivotal role of land certificates in achieving legal certainty. In addressing these challenges, the research employs the juridical-normative legal method to analyze the complexities inherent in land dispute resolution. A significant finding is that disputes involving dual certificates frequently entail multiple stakeholders, necessitating a meticulous determination of rights and liabilities among the parties involved. Thus, the principle of dignified justice becomes paramount in adjudicating these disputes, ensuring equitable outcomes for all parties. The prevalence of dual certificates exacerbates legal uncertainty for landholders, undermining the efficacy of certificates as conclusive evidence of ownership. Consequently, there is a pressing need for legislative reforms aimed at fortifying the validity and indisputability of land certificates. Strengthening the legal framework is essential to uphold the integrity of property rights and enhance confidence in the judicial process. Agrarian reform emerges as a pivotal strategy in addressing these issues, offering a systematic approach to resolve disputes and establish robust legal frameworks. By reforming existing regulations, stakeholders can mitigate ambiguities and streamline processes, thereby fostering an environment conducive to sustainable development and equitable land distribution. Effective resolution of land disputes hinges upon collaborative efforts among diverse stakeholders, including government bodies, legal institutions, and community representatives. These collaborations are instrumental in devising comprehensive strategies that promote legal certainty and uphold justice.

Sosialisasi Hukum Agraria (Pertanahan) Kepada Masyarakat Dusun Giyasan dan Kawungon Desa Bumirejo Kecamatan Mungkid

Agrarian law is a set of regulations, one of which regulates land registration. Land registration is important to be socialized, the socialization carried out at the Bumirejo Village Hall aims to enable the people of Bumirejo Village to increase their knowledge of the importance of land legality. After observing that there are still many people in Bumirejo Village who do not understand land matters so that quite a few residents experience cases of land disputes, it is very important to carry out socialization of agrarian law. So that through this socialization, parties experiencing land disputes can gain legal certainty and a sense of justice in resolving the problems they are facing. Then this socialization was carried out face-to-face by bringing in speakers from Tidar University Law Lecturers who discussed the legality of land, how to resolve land disputes, and the stages of submitting land disputes. The results of the socialization made the people of Bumirejo Village understand the importance of awareness of land law which can be used to socialize and become citizens who always obey the regulations in force in Indonesia.

How to Use Evidence Rules Reasonably to Resolve Land Disputes: Analysis of Typical Land Dispute Cases from China

How to Use Evidence Rules Reasonably to Resolve Land Disputes: Analysis of Typical Land Dispute Cases from China

The Role of Mediation in Land Dispute Resolution: Effectiveness and Challenges

Land disputes are one of the most common types of conflict in Indonesia, given that land has a very high economic, social and cultural value. As development and land use changes increase, disputes over ownership, boundaries, and land use rights are increasingly common. Mediation as an alternative to out-of-court dispute resolution has been recognised as a faster, cheaper and more efficient method of resolving often complex and sensitive land conflicts. This study analyses the various factors that influence the success of mediation in land dispute cases, including the role of the mediator, legal support, as well as the readiness of the parties involved. The results show that mediation can be an effective tool for resolving land disputes, especially when supported by competent mediators and a strong desire from the parties to reach an agreement. However, the research also identified a number of challenges, such as the power imbalance between the parties, the lack of understanding of the mediation process, as well as limitations in the implementation of mediation outcomes. Thus, while mediation offers great potential in land dispute resolution, further efforts are needed to overcome these obstacles in order for mediation to function optimally in the context of agrarian law in Indonesia.

The Role of The National Land Agency (BPN) In Resolving Land Disputes In Indonesia

The Role of The National Land Agency (BPN) In Resolving Land Disputes In Indonesia

8 - Potentialising Traditional Peacebuilding System towards Resolution of Land Disputes in African communities

Land is a common cause of conflict in Africa. It is at the root of much social unrest and violence among family members, groups and communities. Although the state judicial system has been a major adjudicator in these instances, their case pronouncements have brought little or no recourse to peaceful co-existence among the conflicted parties. This article seeks to advance the potential of the traditional peacebuilding system as a ‘community friendly’ option especially for constructive land dispute resolution. Traditional peacebuilding is devoid of long judicial proceedings, ‘preconceived’ justice and high costs. This article argues that, unlike the state judicial system, traditional peacebuilding is not only about making resolutions through rational choice, custom knowledge, community history and social cohesion but also about enhancing restorative justice, inclusiveness and peace promotion, and developing the trust and safety that is so badly needed across African communities. It, therefore, concludes that the traditional peacebuilding system has an organisational propensity to resolve land disputes within an institutionalised structure across African communities.

Research on the Manifestation and Formation Mechanism of New Characteristics of Land Disputes: Evidence from the Yangtze River Economic Belt, China

Land disputes have significantly disrupted legal order, production, and social harmony, and has been regarded as a quintessential challenge in public governance, attracting worldwide attentions from scholars. As an emblematic feature of China’s latest reform and opening-up strategy, the Yangtze River Economic Belt (YREB) in China has experienced rapid development after entering the new era (2012–2021) alongside substantial risks and challenges, particularly regarding land disputes. Better understanding of the manifestation and formation mechanism of new characteristics of land disputes is beneficial for contemporary public governance and for achieving a high-quality development of the YREB, whose Gross Domestic Product (GDP) accounted for 46.3% of the national GDP in 2023. A total of 325,105 land dispute cases in 11 provinces or municipalities of the YREB from 2012 to 2021 were collected and analyzed. On this basis, an evaluation index system of the new characteristics of land disputes, named the overall land dispute (OLD) index, was constructed according to measurement theory by coupling the interactions of quantity, claim amounts, duration periods, and the appeal rate of land dispute. Then, the OLD index was evaluated by descriptive statistical methods, a geographic information system (GIS) spatial analysis, a center of gravity model, kernel density estimation, and Theil index methods, to reveal the new characteristics and formation mechanisms of land disputes in the YREB from 2012 to 2021. The results indicated that: (1) The OLD index exhibited a trend of an initial increase followed by a decline, indicating that land disputes in the YREB showed signs of alleviation. (2) The government’s capacity for resolving land disputes was significantly improved, as evidenced by the decline in the OLD index from 0.59 in 2018 to 0.51 in 2021. This improvement could be attributed to the effectiveness of enhanced governmental working mechanisms, regulatory standards, and the integration of digital technologies. (3) The analysis of the center of gravity model indicated that the focus of land disputes shifted westward, propelled by national policy support for upstream regions of the YREB and the need for land ecological protection. (4) The analysis of kernel density estimation indicated that regional disparities in land disputes within the YREB had declined, driven by a positive trend toward balanced regional development and rural governance. This study provides scientific insights into the new characteristics of land disputes in the YREB and guidance for policy decision making on effective land dispute management.

Chiefs, Courts, and Upholding Property Rights: Quasi-Experimental Evidence from Sierra Leone

Abstract Land disputes are unavoidable and costly to resolve in the formal courts in contexts with weak property rights and low state capacity. In order to relax the pressure on strained formal courts, many countries permit parallel informal dispute-resolution forums. This paper studies the extent to which one such forum—Chiefdom Land Committees (CLCs)—in Sierra Leone is able to resolve land disputes. This paper constructs a data set of ligated cases at local courts across the country and implements a difference-in-difference design to estimate the effect of the CLCs on land caseload in the formal courts. Contrary to the policy goals, this paper finds that on average, chiefdoms with CLCs have higher land caseload in the formal courts three years on. By adopting the CLCs, chiefdoms plausibly made land issues more salient, but, instead of providing final resolutions, CLCs are conduits for the formalization of land disputes.

Authority of the National Land Agency in Resolving Land Disputes Overlapping Certificates of Ownership

The resolution of land disputes carried out by the National Land Agency is a new breakthrough in order to avoid the accumulation of cases in the judiciary, especially the State Administrative Court. This research aims to examine and analyze the process of resolving land disputes over overlapping property rights certificates carried out by the National Land Agency and to understand and analyze the form of authority of the National Land Agency in resolving land disputes over overlapping property rights certificates. The research method is normative juridical. The type of data used is secondary data. Data analysis techniques using deductive reasoning presented descriptively. From the research results, it can be stated that the land dispute resolution process in relation to certificate cancellation can be carried out through the State Administrative Court and outside the court. Settlement of disputes outside of court, in this case the cancellation authority is given to BPN which can be divided into two, namely through the authority of the ministry and outside the authority of the ministry. Meanwhile, BPN's form of authority in resolving land disputes can be in the form of attribution authority and delegation authority.

Analisis Kasus Putusan Sengketa Tanah Garapan Oleh Masyarakat Di Desa Kwala Bingai Kecamatan Stabat

Agricultural land disputes and resolution of certain cases based on the decision of the Supreme Court of the Republic of Indonesia Number: 123/G/2023/PTUN-MDN. Cultivated land disputes are disputes related to the use of land by local communities without the consent of the land owner or government. Case resolution is a legal process that involves legal evidence and appropriate legal interpretation. This decision regulates the settlement of agricultural land between parties managing agricultural land that has not been resolved by the government. The Supreme Court decided that the plaintiff had the right to acquire agricultural land which was considered state land, and other parties had no legal basis to acquire the agricultural land. This decision reflects the legal basis that applies to cultivated land. Land dispute resolution is a complex issue that requires careful and professional handling to avoid conflicts of interest. This study also highlights land ownership and land management issues that require further discussion.

Does the Government’s Regulations in Land Ownership Empower the Protection of Human Rights?

Protection of land ownership has been regulated in various policies to protect human rights. However, it is essential to comprehensively examine the government's role in protecting land ownership because there are still various land conflicts. This research analyzes the government's role in protecting land ownership based on human rights principles and compares it with the Netherlands. This research uses a normative legal approach, using laws and cases and comparing policies with the policies of other countries. The research results show first, the Indonesian government guarantees the protection of land ownership through basic regulations on agrarian principles and the Indonesian government is trying to protect land ownership by registering land, limiting foreign land ownership, and developing governance plans at the regional level. Second, the Dutch government protects land ownership through a systematic, transparent land registration system implemented effectively to provide legal certainty for owners, investors, and related parties. Thirdly, Indonesia's regulatory approach adheres to the basic regulations on agrarian principles system, and the Netherlands uses civil law. However, both countries experience the same problems, such as land ownership disputes and scarcity. Therefore, the government needs to implement human rights-based policies through a transparent and fast land ownership process and public consultation in resolving land disputes.

Factors affecting the performance of the Village Land Councils in managing land use conflicts between farmers and pastoralists

The current study evaluated the variables influencing Village Land Councils' (VLC) ability to resolve land disputes before they are twisting out of their control. Pastoralists would often transhumance, taking their herds far from their villages in search of pastures and water, and sometimes they would let their animals to graze on agricultural fields. The Tanzanian government was prompted to divide village holdings into sections designated for farmers and livestock keepers to resolve the tensions between farmers and pastoralists to prevent ongoing conflicts. Key informant interviews and semi-structured interviews were used to gather data. NVivo software 14 was used to evaluate the qualitative data. The results indicate that the low literacy rates of their members, the absence of VLC capacity building, the absence of a chain of command in the conflict mediation and resolution process, biased choices, and corruption all contributed to the village land councils' limited ability to mitigate land conflicts. As a result, in defiance of the Village Land Act of 1999's instructions, communities arraign land disputes in public courts. It is found that village land councils, which were intended to hold reconciliation sessions and serve as village tribunals for reconciliation at the village level, have not succeeded in achieving the goals set forth, notwithstanding the limitations of the Village Land Act. The report suggests that the Village Land Act be reviewed, that VLC members' capability be increased, that secondary education be made a requirement for council participation, and that corruption be eliminated.

Penyelesaian Sengketa Konflik Kepemilikan Tanah dengan Pendekatan Litigasi di Pengadilan Tata Usaha Negara

Land is an important thing in human life. In Indonesia, land is regulated in basic or basic rules, namely the Basic Agrarian Law (UUPA) of 1960. To guarantee ownership rights to land owned by someone, evidence is needed to support this ownership, namely by registering land and certifying it. land. However, of course these things cannot be separated from the existence of land disputes which can arise for various reasons. The aim of this research is to find out the regulations regarding land registration and the purpose of land registration as well as the benefits of land certificates and how to analyze examples of land disputes. . The method used in this article is a juridical-normative approach and uses descriptive-analytical research. The results of the research are that dispute resolution can be carried out by the National Land Agency or through litigation, namely through the State Administrative Court (PTUN). An example of a land dispute resolution submitted through the PTUN is Decree Number: 3/G/2023/PTUN.YK. Land certificate disputes that occur can be resolved through the Administrative Court, guided by applicable regulations. The results obtained after analyzing the case that occurred, in the end the lawsuit that was filed could not be followed up due to administrative and/or legal defects.