Agrarian Law Enforcement In Land Dispute Settlement
DOI:
https://doi.org/10.59141/jiss.v4i05.834Keywords:
Agrarian, Land Conflict, Land OwnershipAbstract
Land ownership that is unfair to the community will offer opportunities for some parties to act undemocratically by taking land from the community. Conflict is a phenomenon that often occurs in human life, and arises from the conditions of the diversity of social systems. Conflict, no matter how it is seen, is inextricably linked with social existence. Property rights according to Article 20 paragraph (1) of the UUPA, namely hereditary, strongest, and fulfilled rights that people can own over land by considering that all land rights have a social function. The review utilizes a standardizing juridical methodology and the kind of legitimate survey is an extensive investigation of essential lawful materials, optional legitimate materials, and tertiary legitimate materials. The consequences of this exploration are the goal of land debate cases as specified in Regulation Number 51 of 1960, in Article 2 and Article 6 passage (1) letter a, that the utilization of land without consent from the legitimate individual or their lawful intermediary is a disallowed act and undermined with criminal punishments. Nonetheless, in tending to clashes and land debates that emerge, one should take a gander at it according to a few points of view while as yet focusing on equity and not hurting the two players, so it isn't just seen from the side of the inhabitant's activities yet additionally as far as the endlessly utilization of the land by the proprietor if, as far as usage, the land isn't used ideally and even appears to have been dismissed by the proprietor for roughly 15 years. Settlement of questions through consultation through intervention is followed as the way to taking care of land issues, remembering that the fundamental objective of intervention is to determine issues, apply standards or make request, yet in its execution, it should likewise be founded on broad standards
References
Abdulkadir Muhamad. (2004). Hukum dan Penelitian Hukum. Bandung: PT.Citra Aditya Bakti.
Abdurrasyid, P. (2002). Arbitrase dan Alternatif Penyelesaian Sengketa.
Alting, Husen. (2013). Konflik penguasaan tanah di Maluku Utara: rakyat versus penguasa dan pengusaha. Jurnal Dinamika Hukum, 13(2), 266–282. https://doi.org/10.20884/1.jdh.2013.13.2.209
Arrsa, Ria Casmi. (2014). Indikasi kriminalisasi pembela ham dalam sengketa agraria. Jurnal Yudisial, 7(1), 53–69. https://doi.org/10.29123/jy.v7i1.93
Lenaerts, Koen. (2019). Limits on limitations: the essence of fundamental rights in the EU. German Law Journal, 20(6), 779–793.
Ningrum, Herlina Ratna Sambawa. (2014). Analisis hukum sistem penyelesaian sengketa atas tanah berbasis keadilan. Jurnal Pembaharuan Hukum, 1(2), 219–227. https://doi.org/10.26532/jph.v1i2.1481
Rahardjo, S. (1983). Masalah penegakan hukum.
Rahmadi, Takdir. (2011). Mediasi penyelesaian sengketa melalui pendekatan mufakat.
Soekanto, Soerjono. (2006). Pengantar penelitian hukum. Penerbit Universitas Indonesia (UI-Press).
Sumanto, Dedi. (2020). Konflik Sosial Masayarakat dalam Perspektif Sosiologi Hukum Islam. Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi, 83–97. https://doi.org/10.24090/volksgeist.v3i1.2897
Yusriyadi, Yusriyadi. (2010). Industrialisasi dan Perubahan Fungsi Sosial Hak Milik Atas Tanah. Genta Publishing.
Published
How to Cite
Issue
Section
License
Copyright (c) 2023 Riza Endriyana, Faisal Santiago, Suparno Suparno
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International. that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.