Problematics of Land Dispute Resolution in Indonesia

DOI

10.2991/978-94-6463-634-5_12How to use a DOI?

Keywords

Problematics; Dispute Resolution; Agrarian

Abstract

Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA) is designed to regulate the control and use of land in Indonesia in a fair and orderly manner, with the aim of providing legal certainty and protection of land rights for all levels of society. However, in practice, many cases show a gap between these legal provisions and their implementation, which often gives rise to land disputes. The purpose of this study is to analyze the problems of the land dispute settlement process in Indonesia and provide recommendations for resolving land disputes in Indonesia. The type of research used is normative legal research and uses a statute approach, by examining regulations related to the implementation of customary land dispute settlement in Indonesia. In its implementation, in the process of resolving land disputes in Indonesia, there are still many challenges faced, the existence of overlapping land certificates, both due to administrative errors and due to falsification of documents. This happens because the land registration system is not fully integrated and sometimes inaccurate. In addition, there is a lack of neutral facilitators so that mediation often does not run effectively. In terms of recognition of customary land, there are also frequent disputes in Indonesia. Indigenous peoples often experience difficulties in resolving land disputes because their customary land is not legally recognized by the government. This study highlights that the resolution of land disputes in Indonesia requires a more adaptive approach.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Meliana Dyah Pertiwi
AU  - Adriana Grahani Firdausy
AU  - Dona Budi Kharisma
PY  - 2024
DA  - 2024/12/27
TI  - Problematics of Land Dispute Resolution in Indonesia
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2024)
PB  - Atlantis Press
SP  - 94
EP  - 104
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-634-5_12
DO  - 10.2991/978-94-6463-634-5_12
ID  - Pertiwi2024
ER  -