LEGAL BRIEF
Vol. 14 No. 2 (2025): June: Law Science and Field

Resolution of Land Disputes Between the Government and the Community Related to Overlapping Land Rights

Cahyani Putri, Amanda Dwi (Unknown)
Kamal, Ubaidillah (Unknown)



Article Info

Publish Date
03 Jun 2025

Abstract

Land disputes between the government and the community, especially related to overlapping land rights, have become an important issue in land governance. This research aims to identify the causes of disputes and the forms of their resolution. The method used is a qualitative approach with an empirical legal research type through field studies at the Land Office and the City Spatial Planning Department in Semarang. Data were obtained through interviews and documentation, and then analyzed qualitatively in a descriptive manner. The results indicate that the main causes of disputes include inaccuracies in tracing land history, measurements conducted without involving legitimate owners, the absence of a legal basis for issuing usage rights, and PTSL procedures that do not comply with regulations. Resolutions are carried out through non-litigation pathways such as mediation and conciliation, as well as litigation avenues through the Administrative Court (PTUN). As a result of this case, the PTUN stated that it does not have jurisdiction to examine the matter because the core of the dispute concerns land ownership, which falls under the jurisdiction of general courts. This research emphasizes the importance of accurate validation of land data to prevent disputes in the future

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Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...