Establishment of Special Land Courts as an Effort to Settlement of Land Cases

Erly Aristo (Laboratorium Hukum Administrasi Negara, Fakultas Hukum Universitas Surabaya)
Karen Michaelia Arifin (Universitas Airlangga)
Shenny Rustam Moidady (Magister Ilmu Hukum, Fakultas Hukum Universitas Gadjah Mada)

Jurnal Ius Constituendum
Vol 8, No 3 (2023): OCTOBER

This paper is aimed to see whether the government's discourse to form a special land court is the only way to answer the problem of resolving land cases in Indonesia.The settlement of land cases in Indonesia often experiences obstacles, this has led to the government's discourse to form a special court to handle land cases that occur. Conducting this research is crucial to ensure that complicated land problems are promptly resolved without further increasing the losses that the involved parties have to endure. This research was conducted using a normative juridical method by conducting studies on legislation, expert opinions and decisions on cases that have occurred in Indonesia. This research has novel value in offering other solutions than establishing land courts, namely by strengthening existing courts so that land cases can be resolved thoroughly and maximally without the need to go through two courts. The discourse on the establishment of a land court becomes a problem that needs to be observed considering that the establishment of a special land court may not necessarily be able to completely resolve land cases. From this research, it will be shown that there are other solutions in simplifying and handling land cases other than the establishment of a special land court.