PENERAPAN KONSEP PERADILAN PERTANAHAN DALAM MENUNJANG AKSELERASI PENYELESAIAN SENGKETA DAN KONFLIK TANAH

Abstrak

Land disputes and conflicts in Indonesia constitute a recurring and structural problem that reflects both administrative weaknesses and social complexities. Such conflicts are often triggered by overlapping land certificates, inconsistencies in spatial planning, inadequate recognition of customary land rights, and the slow dispute resolution process within ordinary judicial institutions. These conditions have not only undermined legal certainty but also contributed to social unrest, economic stagnation, and declining public trust in the justice system. This study seeks to analyze the concept of a specialized land court as an institutional innovation designed to accelerate the resolution of land disputes. The research employs a normative juridical method, combining statutory, conceptual, and comparative approaches. Statutory analysis focuses on the 1960 Basic Agrarian Law (UUPA), the Judiciary Law, and the Administrative Court Law, while conceptual analysis draws upon theories of legal certainty, substantive justice, and access to justice. Comparative insights are derived from the experiences of other jurisdictions, such as the Philippines and India, which have established specialized land tribunals.The findings suggest that a land court could provide a unified forum for addressing both civil and administrative aspects of land disputes in a fast, simple, and affordable manner. Such a court, staffed by judges with agrarian expertise and integrated with the national land administration system, would strengthen legal certainty, promote equitable access to justice, and safeguard the social function of land. The study concludes that establishing a land court is an urgent necessity for Indonesia to ensure sustainable land governance and uphold social justice.

Keywords: land court, land disputes, agrarian conflict, legal certainty