The Concept of Good Governance-Based Dispute Resolution of Land Ownership Certificate Overlapping: A Study at the Land Agency of East Kotawaringin Regency, Indonesia

Abstract

Indonesia, which adheres to a legal state system, has standard regulations regarding land management throughout the whole country. The 1945 Constitution is the foundation of Indonesia’s regulations, while the Basic Agrarian Law Number 5 of 1960 is the basic regulation of land management. One of its objectives is to provide legal certainty regarding land rights. Governmental Regulation No. 24 of 1997 on Land Registration states that the legal certainty of land rights can be obtained after that land is registered. However, in reality, there are still many disputes and conflicts caused by overlapping land tenure certificates due to maladministration in the issuance of such certificates. This study focuses on the administrative context in resolving disputes regarding land tenure certificate based on good governance by the National Land Agency of East Kotawaringin Regency, Indonesia. This study used a normative legal paradigm by with the statutory and case approaches to examine agrarian/land laws or regulations. The authors also employed a historical approach to examine the simple concept of land dispute resolution and agrarian law enforcement that has been in effect throughout the history of land law in Indonesia. The National Land Agency has regulated the resolution of disputes regarding the overlapping land ownership certificates. Disputes can be resolved through mediation or deliberation, and through the courts if peaceful means fail. The National Land Agency’s concept of good governance-based land ownership certificate dispute resolution must accommodate the aspects of participation, rule of law, transparency, responsiveness, effectiveness, efficiency, and strategic vision.