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

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.