An Idea of Forming the Commission of Agrarian Dispute Resolution in Indonesia

  • Mirzalie ,
  • Basuki Rekso Wibowo and Atma Suganda
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  • Mirzalie

    Student at Universitas Jayabaya, Indonesia

  • Basuki Rekso Wibowo

    Professor at Universitas Nasional, Indonesia

  • Atma Suganda

    Associate Professoe at Universitas Jayabaya, Indonesia

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The research focuses on the idea of forming a commission for solving Indonesia’s agrarian disputes. For a legal certainty of land rights, Article 19, Indonesian Law of Agrarian Basic Principles (UUPA), and article 32, Government Regulation (PP) of 1997 state that a certificate is strong and legal evidence of right. If there is an appeal, it can be processed through a judiciary, namely the Commission of Agrarian Dispute Resolution. The research applies a normative research method with qualitative secondary legal material as the sources. The research shows that a land certificate issued for evidence and legal certainty can be canceled by the State Administrative Court (PTUN) if a subjective flaw is found in the process of issuing the certificate. The court with the competence to solve the land dispute is the State Court (PN) and State Administrative Court (PTUN). PN is authorized to scrutinize, adjudicate, and settle land disputes in Indonesia from the perspective of the civil aspect and its relation to rights, while PTUN is authorized to scrutinize, adjudicate, and settle from the perspective of the administrative side or the registration procedure of the land. In solving land disputes in Indonesia, the two courts mentioned have not tackled the problem optimally. It can be seen from the high number of unsolved land dispute cases and cases that are still in the resolution process.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 875 - 884


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