Special Court Model in Settlement of Tenure Conflicts and Agrarian Resources

DOI

10.2991/assehr.k.211130.038How to use a DOI?

Keywords

Conflict; Tenurial; Agrarian Resource; Extra-Ordinary; Court

Abstract

Conflicts over land tenure and agrarian resources that continue to increase and persist if a fair solution is not found, are not impossible to become a ticking time bomb. The refusal of some communities to bring conflicts over tenure and agrarian resources to court is suspected because the community or the disputing parties do not believe they will receive fair treatment against the authorities, the military, state companies or large-scale investors. Another reason is that judges tend to be formal in nature and treat conflicts over tenure and agrarian resources as ordinary cases, not extra-ordinary conflicts. The perspective of extra-ordinary case settlement can only be realized if there is a special agrarian court. The problem is, what is the design or model of a special court building in the resolution of responsive and equitable tenure conflicts and agrarian resources? This study uses normative-doctrinal legal research methods, by examining library materials or secondary data in the form of primary legal materials and secondary legal materials. Primary legal materials are legal materials that are authoritative and binding in the form of norms, principles, rules, or statutory regulations. While secondary legal materials are in the form of supporting materials that provide explanations for primary legal materials which can be in the form of literature, journals, scientific articles, and other legal materials related to this research. The approach used is a legal, conceptual, historical and comparative approach. Data analysis was carried out qualitatively by using data analysis method using deductive logic.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Tamsil
AU  - Indri Fogar Susilowati
AU  - Mahendra Wardhana
AU  - Dita Perwitasari
PY  - 2021
DA  - 2021/12/03
TI  - Special Court Model in Settlement of Tenure Conflicts and Agrarian Resources
BT  - Proceedings of the International Joined Conference on Social Science (ICSS 2021)
PB  - Atlantis Press
SP  - 211
EP  - 218
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211130.038
DO  - 10.2991/assehr.k.211130.038
ID  - 2021
ER  -