LAND RIGHTS DISPUTES: CULTIVANT SUITS AGAINST STATE LAND IN URBAN AREAS (THE IDEA OF AN AGRARIAN COURT)

Abstract

The existence of state land cultivators in urban areas is growing rapidly and cultivators form a social system on their cultivated land, cultivated land as a livelihood, a place to socialize and a place to have children and grandchildren and a place to live for decades. Cultivators in urban areas use state land without ownership of land rights, but also cannot apply for land rights, so that the existence of these cultivators for years has not received legal certainty. Legal regulations in the laws of the Republic of Indonesia that regulate state land cultivators in Indonesia are still under debate and require further legal study, one of the problems of state land cultivators in urban areas such as DKI Jakarta, namely the existence of problems in regulations with the issuance of the Decree of the Governor of the Special Capital Region of Jakarta No. 353 of 1977 concernin0g the Revocation of State Land Cultivation so that the ranks of the sub-district and district will not provide land certificates or land history as a requirement for applying for land certificates, so that for years cultivators have not easily obtained land rights, therefore it is necessary to have legal certainty in an effective, efficient and targeted manner, namely through the mechanism of land rights lawsuits by cultivators through the agrarian court, which is expected that the judicial institution will provide justice through the decision of the agrarian judge that the cultivator is the party authorized to have land rights and the judge's decision can be used as jurisprudence in similar cases, so there needs to be a legal reformulation of the use of state land by cultivators in Indonesia with the mechanism of judge's decisions through the agrarian court which provides legal certainty of land rights with the ruling of the agrarian court which can order related state institutions such as local governments and the National Land Agency to provide land rights to cultivators of state land in urban areas.