Dekha Isvan Mahardika, Suprapto

LEGAL PROTECTION FOR THE COMMUNITY IN RESOLUTION OF LAND DISPUTES

Introduction

Legal protection for the community in resolution of land disputes. Evaluate legal protection & mechanisms for communities resolving land disputes in Indonesia, addressing injustice, criminalization, and human rights concerns.

Abstract

This study discusses the resolution of land disputes, which are a complex and ongoing problem in Indonesia, especially when community rights to land conflict with state or corporate interests. This problem often leads to injustice, criminalization, and even human rights violations, especially against vulnerable groups such as farmers and indigenous peoples. This study aims to analyze the forms of legal protection provided to communities in resolving land disputes and evaluate the legal mechanisms available under the Indonesian legal system. Legal protection for communities has been regulated in various regulations, such as the Basic Agrarian Law (UUPA), the Human Rights Law, and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (BPN). However, its implementation still faces serious challenges, particularly in terms of accessibility, bias by officials, and transparency. Meanwhile, dispute resolution mechanisms are divided into litigation and non-litigation channels, including mediation by land offices, customary deliberations, and resolution through independent institutions such as the National Commission on Human Rights (Komnas HAM) and the Ombudsman. Unfortunately, the effectiveness of these mechanisms depends heavily on the government's commitment and the capacity of relevant institutions to ensure substantive justice.

Review

This study addresses a highly pertinent and critical issue in Indonesia: legal protection for communities embroiled in land disputes. Given the persistent conflicts between community land rights and state or corporate interests, often resulting in severe injustices, criminalization, and human rights violations, particularly for vulnerable groups, the research topic is both timely and significant. The abstract effectively highlights the complex nature of these disputes and the profound impact they have on segments of the Indonesian population, underscoring the urgent need for robust legal frameworks and effective resolution mechanisms. The abstract indicates a comprehensive approach to understanding the problem, aiming to analyze existing forms of legal protection and evaluate various dispute resolution mechanisms within the Indonesian legal system. It correctly identifies key legislative foundations, such as the Basic Agrarian Law and the Human Rights Law, alongside more specific regulations, as sources of protection. Furthermore, the study differentiates between litigation and non-litigation channels, including the important roles of land offices, customary deliberations, and independent bodies like Komnas HAM and the Ombudsman. This multi-faceted examination of both the legal basis and the practical mechanisms for dispute resolution represents a strong conceptual framework. While the abstract clearly outlines the scope and significance, it also implicitly reveals potential areas for deeper exploration. The mention of "serious challenges" such as accessibility, official bias, and transparency, and the reliance on "government commitment and institutional capacity" for effectiveness, suggests that the study likely offers a critical assessment. However, without further detail on the methodology or findings, it is difficult to gauge the *depth* of the analysis regarding *how* these challenges manifest and *what specific recommendations* might arise. For instance, exploring comparative case studies to illustrate the varying effectiveness of different mechanisms or delving into the socio-economic factors exacerbating official bias could further enrich the discussion. The abstract sets a solid foundation, but the true impact will depend on the granularity and empirical backing of its analysis of these systemic failures.

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