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All Journal Jurnal Ilmu Hukum KYADIREN Jurnal Hukum Lex Generalis
Moa, Fransiskus Rifandy
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Law, Crime, Criminology & Criminal Justice

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Analisis Yuridis terhadap Sengketa Hak Milik Atas Tanah: (Studi Putusan Nomor 120/Pdt.G/2023/PN.Jkt.Brt) Moa, Fransiskus Rifandy; Djajaputera, Gunawan
Jurnal Hukum Lex Generalis Vol 5 No 9 (2024): Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land disputes are legal issues that arise due to conflicts or clashes of interest among parties concerning the control, use, or ownership of land. These disputes have become an inevitable issue in modern society, particularly given the increasing demand for land driven by population growth, urbanization, and economic development. The research method employed in this study is normative juridical, which focuses on the examination of library materials or secondary data. This data includes documents, legislation, and various literatures relevant to the legal topic or issue under investigation. Land disputes often stem from differing interpretations regarding the legal status of certain parcels of land, particularly concerning ownership and usage rights. Several primary factors triggering land disputes can be summarized as follows: (1) The lack of proper land administration in the past; and (2) Structural imbalances in land control and ownership. Efforts to resolve legal issues related to land disputes are explicitly regulated under Presidential Regulation No. 20 of 2015 concerning the National Land Agency (Badan Pertanahan Nasional or BPN). Specifically, Article 3 clauses (3) and (4) of this regulation mandate the Head of the National Land Agency to formulate and implement policies in several strategic areas. The resolution of land disputes is generally pursued through legal means by bringing the case to court. Additionally, land disputes may also be resolved through negotiation or mediation, which offers several advantages compared to judicial proceedings. One of the primary benefits of resolution through negotiation is the efficiency in terms of time, cost, and effort required. The aim of the research conducted by the author is to identify the causative factors and resolution efforts concerning land ownership disputes.
Legal Remedies for Resolving Land Disputes under Indonesia’s Positive Law : An Evaluation of Effectiveness and Justice Moa, Fransiskus Rifandy; Djajaputra, Gunawan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.306

Abstract

Land disputes in Indonesia represent a complex structural issue, shaped by overlapping legal frameworks, weak administrative systems, and the limited recognition of indigenous peoples’ rights. This study aims to analyze the mechanisms for resolving land disputes based on positive law, identify key obstacles to their implementation, and evaluate their effectiveness in ensuring both legal certainty and substantive justice. Employing a normative legal approach and qualitative-descriptive analysis, the study draws on legal texts, court decisions, and relevant academic literature. The findings indicate that although positive law offers a formal framework for dispute resolution, its practical effectiveness is constrained by bureaucratic inefficiencies, unequal access to justice, and the marginalization of customary law. In contrast, alternative mechanisms—such as mediation and customary law-based processes—have demonstrated greater adaptability to local contexts and socio-cultural realities. The study concludes that an integrative approach, combining the normative structure of positive law with non-litigation mechanisms rooted in local values, is essential for developing an effective and equitable land dispute resolution system in Indonesia.
Legal Remedies for Resolving Land Disputes under Indonesia’s Positive Law : An Evaluation of Effectiveness and Justice Moa, Fransiskus Rifandy; Djajaputra, Gunawan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.306

Abstract

Land disputes in Indonesia represent a complex structural issue, shaped by overlapping legal frameworks, weak administrative systems, and the limited recognition of indigenous peoples’ rights. This study aims to analyze the mechanisms for resolving land disputes based on positive law, identify key obstacles to their implementation, and evaluate their effectiveness in ensuring both legal certainty and substantive justice. Employing a normative legal approach and qualitative-descriptive analysis, the study draws on legal texts, court decisions, and relevant academic literature. The findings indicate that although positive law offers a formal framework for dispute resolution, its practical effectiveness is constrained by bureaucratic inefficiencies, unequal access to justice, and the marginalization of customary law. In contrast, alternative mechanisms—such as mediation and customary law-based processes—have demonstrated greater adaptability to local contexts and socio-cultural realities. The study concludes that an integrative approach, combining the normative structure of positive law with non-litigation mechanisms rooted in local values, is essential for developing an effective and equitable land dispute resolution system in Indonesia.
Co-Authors Djajaputera, Gunawan Djajaputra, Gunawan