Jurnal Hukum dan Pembangunan


ASUMSI DASAR PEMBENTUKAN LINGKUNGAN PERADILAN AGRARIA DALAM PENDEKATAN SISTEM HUKUM

Andjarwati, Any (Unknown)



Article Info

Publish Date
30 Dec 2023

Abstract

The resolution of land and natural resource disputes through litigation encounters a complex set of issues, including protracted and convoluted processes, high costs, overlapping judgments for the same dispute object, and difficulties in executing verdicts. These unresolved issues can be partly attributed to the characteristics of judicial institutions in Indonesia, where constraints within the Constitution on the formulation of judicial authority for the establishment of an agrarian judiciary are a contributing factor. The aforementioned scenario is also associated with the nature of agrarian disputes, encompassing both public and private legal domains, thereby necessitating the resolution of such conflicts through specific mechanisms. Additionally, the incongruity of agrarian legislation and regulations, stemming from the causal nature of substantive legal issues, requires the elucidation of laws through the systematic organization of agrarian law (comprising reconstruction, reinterpretation, and creation) to uphold law, justice, and tangible benefits. This presents a substantial and essential duty for judges, which cannot be supplanted by ad hoc judges or by the existing design of judicial institutions. This circumstance further underscores the imperative need for the establishment of an agrarian judiciary in Indonesia.

Copyrights © 2023






Journal Info

Abbrev

publication:jhp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, ...