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Ada Pertanyaan? Hubungi Kami Rofiq Hidayat, Jazmi Adlan Bohari
Incidents of land related disputes continue to rise often leading to physical clashes and heated confrontations. The numbers of such disputes are increasing every year, with increasingly more complex and longer processes needed to resolve them.
One cause of this complexity is the fact that land disputes can be heard in both the district court and state administrative court. To overcome this problem, the National Development Planning Agency (Bappenas) has suggested forming a special court for land disputes within the district court.
According to Uke Mohammad Hussein, Head of Sub-directorate for Land Affairs at Bappenas, there are several good reasons that support the establishment of a special court for land disputes. The first one is to limit and better delineate the proper jurisdiction of each court. With such a limitation, plaintiffs would only have to register their case with a district court addressed directly to the land disputes chamber. Second, it is expected that courts could make their ruling more quickly for land disputes.
“The ruling can be made quickly and does not need to drag on for 20 years as happens in the current system,” said Mr. Hussein on Tuesday.
Third, to simplify possible legal remedies, Mr. Hussein asserts that a case review (peninjauan kembali) is not necessary, and land disputes should instead use a cassation appeal as a final and binding ruling.
“According to Bappenas’s legal experts, this is possible,” he said.
Furthermore, Mr. Hussein said that Bappenas has included the idea of special court for land disputes in its draft Medium Term Development Plan (RPJM). He emphasized that although the idea is included in the RPJM, it is the duty of the Government to convert the idea into reality.
Bappenas has also initiated unofficial communications with the Supreme Court about the concept of a special court for land disputes.
Expressing a differing view, Gunawan Winardi, Founder of The Agrarian Reform Consortium (KPA), is pessimistic that a land disputes court will provide a solution to overcome the thousands of land disputes cases.
“There are too many cases for a single court to handle. So, it won’t work.” said Mr. Winardi.
(hot/kc)
Rofiq Hidayat, Jazmi Adlan Bohari
Incidents of land related disputes continue to rise often leading to physical clashes and heated confrontations. The numbers of such disputes are increasing every year, with increasingly more complex and longer processes needed to resolve them.
One cause of this complexity is the fact that land disputes can be heard in both the district court and state administrative court. To overcome this problem, the National Development Planning Agency (Bappenas) has suggested forming a special court for land disputes within the district court.
According to Uke Mohammad Hussein, Head of Sub-directorate for Land Affairs at Bappenas, there are several good reasons that support the establishment of a special court for land disputes. The first one is to limit and better delineate the proper jurisdiction of each court. With such a limitation, plaintiffs would only have to register their case with a district court addressed directly to the land disputes chamber. Second, it is expected that courts could make their ruling more quickly for land disputes.
“The ruling can be made quickly and does not need to drag on for 20 years as happens in the current system,” said Mr. Hussein on Tuesday.
Third, to simplify possible legal remedies, Mr. Hussein asserts that a case review (peninjauan kembali) is not necessary, and land disputes should instead use a cassation appeal as a final and binding ruling.
“According to Bappenas’s legal experts, this is possible,” he said.
Furthermore, Mr. Hussein said that Bappenas has included the idea of special court for land disputes in its draft Medium Term Development Plan (RPJM). He emphasized that although the idea is included in the RPJM, it is the duty of the Government to convert the idea into reality.
Bappenas has also initiated unofficial communications with the Supreme Court about the concept of a special court for land disputes.
Expressing a differing view, Gunawan Winardi, Founder of The Agrarian Reform Consortium (KPA), is pessimistic that a land disputes court will provide a solution to overcome the thousands of land disputes cases.
“There are too many cases for a single court to handle. So, it won’t work.” said Mr. Winardi.
(hot/kc)