Tinjauan Umum terhadap Kebijakan dan Peran Pemerintah dalam Penyelesaian Sengketa Kepemilikan Atas Tanah

Abstract

Taufida T. 2021. Overview of the government policy and role in settlement of land rights ownership disputes. In: Herlinda S et al. (Eds.), Prosiding Seminar Nasional Lahan Suboptimal ke-9 Tahun 2021, Palembang 20 Oktober 2021. pp. 508-513. Palembang: Penerbit & Percetakan Universitas Sriwijaya (UNSRI).The government has policy and role in resolving disputes over the land rights and how the disputes are resolved. This study aimed to find out the policies and role of the government in resolving the disputes over the land rights and the efforts to resolve the disputes.  The research method used normative methods to analyze legal materials with reference to legal norms as outlined in the legislation. The result of this study showed that the resolution of conflicts over the land ownership was carried out by the National Land Agency (BPN) which was a forum for mediating parties to resolve the land ownership disputes.  If the mediation carried out by BPN does not find any solution, it can be resolved with the help of the General Court and the Arbitration Board to obtain legal certainty over the status of the land that is the object of the dispute while still fulfilling the principles of justice and legal certainty of the disputing parties.  It is suggested that the resolution of conflicts over the land be carried out by negotiation and deliberation first, in this case the government acts as a facilitator, not a mediator.  The choice of the dispute resolution path depends on the disputing parties, of course, with all considerations of time, cost and efficiency factors, the arbitration can be a solution in resolving the land disputes.