Land Dispute Problems, Prevention and Resolution

Posted by Irfan Disnizar, SH. on

There are many cases of land disputes that have entered Queen Law Firm, with different characteristics of cases, although many cases are similar but not the same, here are some of the problems we often encounter:

  1. Lack of orderly land administration in Indonesia, what we often encounter is that one land has multiple certificates with different owners;
  2. There are several Notaries, Land Deed Making Officials (PPAT) / Temporary Land Deed Making Officials (PPATS) / Subdistrict Head, less careful in carrying out their duties, in some cases Notaries, Land Deed Making Officials (PPAT) / Temporary Land Deed Making Officials (PPATS) / Subdistrict Head, in making a deed of sale and purchase of a land object they do not first check the status of Land at the National Land Agency so that in some cases when buying and selling has occurred and will register the transfer of land rights to the National Land Agency, the rights cannot be transferred because the land is in a state of dispute;
  3. There are erroneous land data, both in terms of area, boundaries, and overlapping rights with one another;
  4. The problem of inheritance land ownership between individuals, both in the distribution of land rights and the sale of land rights whose certificates have not been broken;
  5. The laws and regulations overlap each other, both horizontally and vertically, as well as the substances regulated;
  6. Limited human resources tasked with resolving land disputes either in the District Court or the State Administrative Court, so that a Land Dispute case can take years, even though the government has regulated in Article 4 Paragraph (2) of the Law of the Supreme Court of the Republic of Indonesia stipulates that justice is carried out quickly, simply and at low cost, but in reality, it has not been realized;
  7. The existence of settlements from other agencies, resulting in overlapping authorities, for example in remote areas where land disputes have not yet developed are resolved by customary heads, tribal chiefs, village heads, or clan heads.

In order to avoid the above-disputed issues in terms of buying and selling land, everyone should pay attention to the following:

  1. Looking for the origin of the land, which is usually found in the Kelurahan/Village called Letter C Desa which contains the previous to the latest land ownership;
  2. Checking the certificate of ownership of land rights to the National Land Agency (BPN), to check who the owner is, whether there is a mortgage that is imposed, or to check whether the certificate is still in a state of dispute or not;
  3. Make a Deed of Sale and Purchase at a Notary, Land Deed Making Officer (PPAT) / Temporary Land Deed Making Officer (PPATS) / Subdistrict Head who are competent and responsible in carrying out their duties.

However, if this land dispute has occurred, the settlement of land disputes can be done through the District Court, it can also be through the State Administrative Court, and it is not uncommon for land dispute resolution to penetrate into the criminal law area because the dispute contains elements criminal.