Upaya Pembentukan Pengadilan Khusus Pertanahan Untuk Mengurai Kewenangan Peradilan Umum dalam Mengadili Perkara Sengketa Kepemilikan Tanah

Abstract

The purpose of this research is to examine the current authority of the general courts and to analyze the efforts to establish a specialized land court as a means to clarify and streamline the jurisdiction of general courts in adjudicating land ownership disputes. Land dispute resolution may presently be pursued through competent judicial bodies, namely the General Courts and the Administrative Courts (PTUN). However, disparities in judicial decisions on similar cases continue to occur, indicating the need for a specialized judicial institution dedicated to addressing land disputes. This study employs a normative juridical methodology, utilizing the statute approach and the conceptual approach. The findings reveal that the current jurisdiction of the general courts in land ownership disputes includes examining, adjudicating, and resolving cases related to the proof of ownership rights or other civil rights over the disputed land. Meanwhile, efforts to establish a specialized land court have been pursued in a serious manner, driven by the complexity, high frequency, and sensitivity of existing land disputes. These efforts refer to the People’s Consultative Assembly Decree No. IX/MPR/2001 on Agrarian Reform and Natural Resource Management, as well as Law No. 48 of 2009 on Judicial Power.