SETTLEMENT OF LAND USE DISPUTES OF LOCAL GOVERNMENT ASSETS MANAGED BY INDIVIDUAL COMMUNITIES LINKED TO THE PRINCIPLE OF JUSTICE Riza Zulfikar, Diliya Mariam Rinzani, Fitria Agung Nursyahda
UNIVERSITAS LANGLANGBUANA
Abstract
Land problems cannot be resolved, but they are hoped that they can be reduced or prevented early on. One of the existing land problems is land problems arising from the control and management of land by the Regional Government, both lands that have become assets or lands that are recognized as Regional Asset Lands. The aim of this study is to formulate a settlement of land disputes over regional assets used by the community. This research is normative legal research through the statutory, conceptual, case, and comparative approaches and the application of legal theories in assessing legal opportunities, and justice, in the mechanism and process of resolving land rights disputes over assets. The results of the study show that there are provisions that specifically determine the area of regional asset land dispute resolution. To achieve legal certainty and justice, it is necessary to increase the effectiveness of resolving state/regional land asset disputes through an integrated and coordinated dispute settlement scheme. Settlement of local asset land disputes can be through mediation or judicial channels, the government in maintaining assets used by individuals must prioritize the common interest, in the sense that it does not harm individuals or the community. In settling disputes over land assets, the Regional Government is obliged to use, utilize, and manage the land by securing and controlling assets, both administratively and juridically in accordance with the principles of justice and the principle of legal certainty. In addition, when revising the UUPA the state^s right to control in the field of land law needs to be limited by prioritizing the principles of respect for private property which is protected by the 1945 Constitution. This affirmation is absolutely necessary, so as not to cause resistance from the people who are in dispute with the government in resolving land cases and state assets. In addition, there are clear boundaries between state authority in the field of public law and private law which have been abused so far.
Keywords: Disputes, Land Assets, Justice
Topic: Law and Ethics in Terms of Islamic Perspective
