A Juridical Review of Efforts to Resolve Land Ownership Disputes within the Constitutional Framework of Indonesian Constitutional Law

Abstract

Indonesia is one of the manifestations of an agrarian country because it has extensive agricultural land. The government provides protection under Article 33 paragraph (3) of the 1945 Constitution. The Basic Agrarian Law (UUPA) is one of the laws and regulations that serves as an implementing instrument of that article. The UUPA contains provisions governing land ownership. Although legal certainty has been guaranteed through the UUPA, disputes over land ownership rights remain a social problem that has never subsided. Therefore, this study formulates two research questions. First, a juridical review of efforts to resolve land ownership disputes under Indonesian law. Second, the relationship between efforts to resolve land ownership disputes and the constitution within Indonesian constitutional law. To address these issues, the researcher employs normative legal research (legal research) and a statutory approach (statute approach). Efforts to resolve land ownership disputes under Indonesian law can be undertaken through non-litigation channels, administrative procedures at the National Land Agency (BPN), litigation through the judicial system, and Alternative Dispute Resolution. The legal instruments used as references in resolving these disputes are Book II of the Burgerlijk Wetboek (BW), the Basic Agrarian Law (UUPA), the Herzien Inlandsch Reglement (HIR), the Rechtsreglement voor de Buitengewesten (RBG), and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. When associated with the concept of the constitution in Indonesian constitutional law, the establishment of all these legal instruments is based on Pancasila. This refers to the theories of absolutism, stufentheorie, and theorie von Stufenbau.