Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Juridical Review on Resolution of Land Disputes Outside the Courts

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341647,
        author={Rineke  Sara and Andhika Laksamana Putra},
        title={Juridical Review on Resolution of Land Disputes Outside the Courts},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={land disputes; settlement; agrarian regulations},
        doi={10.4108/eai.28-10-2023.2341647}
    }
    
  • Rineke Sara
    Andhika Laksamana Putra
    Year: 2023
    Juridical Review on Resolution of Land Disputes Outside the Courts
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341647
Rineke Sara1, Andhika Laksamana Putra1,*
  • 1: Universitas Borobudur
*Contact email: andhikawielands@gmail.com

Abstract

Human perception of land has slowly changed over time. Previously, land was only considered valuable as a resource to support agricultural activities, but from a better strategic perspective, particularly as an important resource for industry and human life. Currently, many lands are used for industrial and agricultural activities, including the construction of integrated housing complexes such as the housing complexes that have just emerged. Use of land without permission from a legal person or their legal representative is prohibited and punishable by crime, by Law Number 51 of 1960 article 2 and article 6 paragraph (1) letter a. However, in dealing with conflicts and land disputes that arise, we must consider them from various points of view while still prioritizing justice and not harming either party. For example, if the land is not being utilized optimally and even gives the impression that the owner has abandoned it for approximately 15 years, then, it should be considered. Deliberative dispute resolution using mediation is taken as a route to resolving land issues, bearing in mind that the main aim of mediation is to resolve problems, not just to apply norms or create order, but its implementation must also be based on general principles.