Resolving Land Disputes in Papua: Court Competence, Legal Challenges, and Dual Ownership Issues

This study aims to analyze and understand the settlement processes of land disputes under the jurisdiction of competent courts. Using an empirical legal research approach, primary data were collected through direct interviews with respondents involved in land disputes, particularly those resulting from dual ownership of land rights on the same property. Such cases are prevalent in Papua, West Papua, and Southwest Papua Provinces. The data were analyzed descriptively to provide a comprehensive understanding of the issue.The resolution of land disputes varies depending on the nature of the case and the jurisdiction of the court. Civil courts address disputes concerning ownership and compensation claims, while criminal courts handle cases involving criminal elements, such as land grabbing. The State Administrative Court has jurisdiction over administrative disputes, including the issuance of land certificates. The overlapping jurisdiction of these courts often leads to challenges in determining the appropriate venue, underscoring the importance of efficiency and legal certainty. Resolving disputes effectively requires clarity of the disputed object and adherence to procedural rules to minimize the risk of lawsuits being dismissed as inadmissible.

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Publication Details

Journal
Journal of Management World
Published
2025-01-27
DOI
https://doi.org/10.53935/jomw.v2024i4.899
Primary Topic
International Maritime Law Issues
Type
article
Field-Weighted Citation Impact
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article

Resolving Land Disputes in Papua: Court Competence, Legal Challenges, and Dual Ownership Issues

Kahar Lahae, Haeranah Haeranah, Marwati Riza, Sokhib Naim
Journal of Management World
International Maritime Law Issues
article

Resolving Land Disputes in Papua: Court Competence, Legal Challenges, and Dual Ownership Issues

Kahar Lahae, Haeranah Haeranah, Marwati Riza, Sokhib Naim
article en

Abstract

This study aims to analyze and understand the settlement processes of land disputes under the jurisdiction of competent courts. Using an empirical legal research approach, primary data were collected through direct interviews with respondents involved in land disputes, particularly those resulting from dual ownership of land rights on the same property. Such cases are prevalent in Papua, West Papua, and Southwest Papua Provinces. The data were analyzed descriptively to provide a comprehensive understanding of the issue.The resolution of land disputes varies depending on the nature of the case and the jurisdiction of the court. Civil courts address disputes concerning ownership and compensation claims, while criminal courts handle cases involving criminal elements, such as land grabbing. The State Administrative Court has jurisdiction over administrative disputes, including the issuance of land certificates. The overlapping jurisdiction of these courts often leads to challenges in determining the appropriate venue, underscoring the importance of efficiency and legal certainty. Resolving disputes effectively requires clarity of the disputed object and adherence to procedural rules to minimize the risk of lawsuits being dismissed as inadmissible.

Journal of Management WorldVol. 2025(2)
Hasanuddin University (ID)
Openalex Percentile: Top 98%
International Maritime Law Issues
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