Legal Certainty That is Fair to Individual Rights in Land Dispute Resolution in Realizing Justice and Welfare

Salim, Budi and Tehupeiory, Aartje and Pieris, John and Widiarty, Wiwik Sri (2024) Legal Certainty That is Fair to Individual Rights in Land Dispute Resolution in Realizing Justice and Welfare. The Seybold Report, 19 (2). pp. 107-119. ISSN 1533-9211

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Abstract

Land is one of the important factors of production for human life. Land disputes can cause various negative impacts, both for the parties to the dispute and for the wider community. Efforts to resolve land disputes require equitable legal certainty. The purpose of this research is to examine the fair legal certainty of individual rights in the settlement of land disputes in realizing justice and welfare. The research method used in this research is qualitative research. The data collection technique in this research is done by reading books, articles, and other sources relevant to this research. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and conclusion drawing. The results of the research show that equitable legal certainty is still an unattainable dream for some people, especially for those who are forced to lose their rights due to court decisions. One of the uncertainties in national land law can be seen in Article 64 paragraph (1) letter b, and paragraph (2) of Government Regulation number 18 of 2021 where the cancellation of land rights can be done through the court or because of overlapping, without recognizing the time limit. Justice and legal certainty for the community towards land rights, the role of the House of Representatives is needed as a supervisory function to facilitate meetings with relevant agencies to carry out the necessary coordination. Keywords: Legal Certainty, Individual Rights, Land Disputes, Justice, Welfare

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