Land Dispute Settlement Under Non Litigation

Mar 11, 2022 | Litigation & Dispute Resolution

Land disputes are social turnmoil that often arise in Society life. There are many factors lead to disputes, such as less deficient in the administration process that inflict to the land claimed by others people, Lack of clarity on the land titling process, not yet optimal policies and limited quality of human resources. The resolution can be through mediation first, but mediation often cannot find a deal as a solution for the disputing parties, so the disputing parties want to continue with another legal remidies.

Some factor that lead to dispute above are inflict to the land dispute resolution process outside the court through mediation that is often not find a deal as a solution for the disputing parties, therefore another legal remidies was regulated in Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency regulation Number 21 Year 2020 regarding Handling and Settlement of Land Cases (hereinafter refrred to as Permen ATR/BPN 21/2020)

In Article 1 Number 1 Permen ATR/BPN 21/2020 explained that the land case was submitted to Minister of Agrarian Affairs and Spatial Planning, National Land Agency regional office, and others National Land Agency office that authorized to get Handling and Settlement of Land Cases that according to law. The dispute parties are allowed to take legal remidies againts land dispute settlement in authorized Land Agency.

Land dispute settlement through ministry, regional office, and other land agency office started with a complaint from one of the disputing parties with the requirement to complete several documents according to Article 3 Number 3 Permen ATR/BPN 21/2020, here is some of those document; identity/legality of the complainant which includes a photocopy of complainant’s identity, a photocopy of principal and recipient if the complainant is based on a power of attorney, a photocopy of proof of land ownership include other supporting data, and brief chronology of the case. If all the document was complete, according Article 4 paragraph (2) Permen ATR/BPN 21/2020 the complaint will be reviewed by the officer to determine whether the complaint is classified as a land case or not, further if the complaint is a case will get handling.

HANDLING CASE STAGE

The mechanisms for handling land disputes are carried out sequentially, according article 6 untill Article 5. Some of these mechanisms include:

Case Review

Mechanism Case Review Is the basic to carried the first titling case, Case Review are carried out with staff review containing the title, the main subject of the case with a description of the parties and their claims in the dispute with details of the dispute object, case history, all existing documents, case clasification, and other things that are considered important.

First Titling Case

This mechanism aims to find out the authorized and the parties who has an interest in the case, formulate a treatment plan, determining the law that can be used, include determining the data needed, as a basis for preparing a research work plan, and determining the time to done the dispute. The result of  First Titling Case are written in the form of a note containing a summary of the First Titling Case signed by the note-taker as a basis for correspondence activities with interested parties.

Research

Research is an action to find a bright spot in a case. The results are stated in the Minutes of Research signed by the officer and known by the head of the regional office or Head of Land Office, Then a study is compiled and written in the form of a research report containing the root typology and the main problem, case history , description of field conditions, the position or legal status of each party from the legal study, the obstacle problems and suggestions for follow-up solutions.

Expose Research Results

Expose Research Results carried out to convey data wich explains the legal status of each party and as a conclusion to determine whether to take mediation or hold a coordination meeting to make a decision.

Coordination Meeting

Coordination Meeting purpose is to resolve cases conducted by the relevant government institutions to synchronizing in making decisions.

Final Case Titling

Final Case Titling purpose is to knowing that the Ekspos Research Result shows that the data obtained are sufficient to determine the decision by the Minister, head of regional office, or head of land office, then created recommendation which is outlined in several forms such as Minutes of data processing if the authority to settle the case belongs to the Minister, letter of recommendation or proposal for case settlement by one of the institutions that carried out the Final Case Titling with regarding to the authority of the decision publisher institution.

Case Settlement

Case Settlement is carried out by publishing a decision by an authorized institution as a form of land dispute settlement. Then according to Article 17 Permen ATR/BPN 21/2020 explained that there are three types of decision criteria, that is; K1 Cancellation, pacification, rejection application acceptance, K2 in the form of a conditional decree, and K3 n the form of a notification letter that it is not the authority of the ministry.

Based on the description above, it can be seen that if in land dispute cannot find a deal in negotiation then there is a legal remedies allowed in Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency regulation Number 21/2020 that is several legal procedures from Case Review, First Titling Case, Research, Ekspose Research Result, Coordination Meeting, Final Titiling Case, and Case Settlement.

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