What Is A Land Dispute: Explanation, How To Overcome And The Basic Law

What is the Land Dispute (A land dispute that pits the interests of small farmers and large capital owners is common throughout Indonesia. Image: Facebook)

YOGYAKARTA - Talking about what land or land disputes are, of course, it's quite familiar and often heard in our circles, right. And what's that?

The reason is, disputes are differences of interest between individuals or institutions in the same object manifested in relations between them. Well, one of the disputes that often occur is land disputes.

Land disputes generally occur not only between individuals, but also between groups. There are various types of systems to overcome the land dispute itself, but what are the steps? Check out the full explanation in this article regarding land disputes in Indonesia.

What is Land Dispute

Land disputes or disputes are land conflicts involving legal entities, institutions or individuals and socio-politically have no broad influence. This explanation is controlled in the Land Dispute Law Regulation of the Head of the Indonesian National Land Agency No.3 of 2011. It states that

In detail, disputed land is land whose ownership is disputed by two parties, where both parties are scrambling to claim ownership of the land. Land disputed, namely cases that often occur in Indonesia.

The disputed object is not only about land, the object here is defined as an object in the form of land or other natural energy sources such as trees that are used or contested by both parties. Over time the object of the dispute has also developed, not only objects that are visible to the eye, but now there are also many objects that are absurd, such as clean air, biodiversity, and many more.

Cases of land disputes are found and unavoidable, especially today. Therefore, when carrying out transactions or land or houses, you must check all ownership documents and certificates. So, if you want to buy a residence in DKI Jakarta below the price of hundreds of millions of millions, make sure to check the documents and house certificates.

The basics of the law

The settlement of land dispute cases is controlled in the Regulation of the Minister of Agrarian Affairs and Spatial Regulation/Head of the National Land Agency Number 21 of 2020 concerning Handling and Settlement of Land Cases.

The law describes that land cases are disputes, disputes, or land cases introduced to the Ministry of Agrarian Affairs and Spatial Regulations/National Land Agencys, National Land Agency Offices, land offices according to their authority to accept handling and settlement in accordance with the provisions of laws and regulations.

The land case itself is divided into three components, including:

Then, the land dispute itself is divided into three classifications, namely,

Efforts to Settle Land Disputes

In overcoming land disputes, there are some things that can be done along with the steps you can take if you are caught in a land dispute case:

Check the Origin of Land Ownership

Check carefully the status of the land to be purchased. Is it true that the land is owned by the seller, which is explained by the ownership of the Deed of Ownership (SHM) or girik.

Check Inauguration of Deeds

If indeed the seller can show the deed or girik of the land, you must determine the authenticity of the document. The trick is to go to the National Land Agency (BPN) to find out the authenticity of the documents and prove to be free of land disputes.

Ensure Credibility of Sellers

Next, confirm the credibility of the seller. If the seller is a developer, then change the track record of the developer company. If the developer is an open company, the track record is stated in the Indonesia Stock Exchange data that can be accessed online. If the seller is an individual, you can ask your neighbors or RT/RW administrators around the land location.

Make Complaints to the Office of the Head of Land

This complaint can be made in writing via a letter box, website or ministry complaint counter. You can send a written complaint file to the land office. Then, the complaint file will then be taken to the land area office and transferred to the head of the land office.

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