AT-TAFAHUM: Journal of Islamic Law
Vol 4, No 1 (2020)

Agrarian Law in Land Dispute Resolution in Indonesia

Purwanti, Desi (Institut EHMRI)
Harahap, Ismail Halomoan (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Jul 2020

Abstract

Agrarian law comprises the entire body of legal norms, both written and unwritten, that govern the legal relationships between legal subjects in the agrarian sector. Land plays a crucial role in human life, as the relationship between humans and land is continuous and inseparable. This demonstrates the close relationship between humans and land, as land is the primary means of supporting life, serving as a residence, a source of livelihood, and a valuable economic asset. However, many individuals exploit weak law enforcement, leading to an increase in land disputes within the community. Land disputes are unavoidable in this modern era, driven not only by the weak integrity of some law enforcement officials but also by the high demand for land that is disproportionate to the limited availability of land. This gives rise to various conflicts, both between individuals and groups, as well as between the community and companies or the government. Therefore, an effective and fair dispute resolution system is necessary. In resolving land disputes, there are several mechanisms that can be taken, including through litigation in court and non-litigation channels such as mediation, negotiation and arbitration, which aim to achieve justice and legal certainty for all parties.

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