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Land dispute resolution mechanics in the perspective of good governance: The case study in Indonesia

Hutabarat, Sandra Maria Stephanie (2011) Land dispute resolution mechanics in the perspective of good governance: The case study in Indonesia.

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Abstract:Land disputes have been a major problem worldwide; therefore land dispute resolution is essential in delivering secure land rights. There are various types of land dispute resolution mechanisms which are used as tools to solve land disputes. These mechanisms are the judicial system or the court, alternative dispute resolution, religious dispute resolution and customary dispute resolution. The key actors involved in these mechanisms are also differentiated. The limitations and weaknesses with these mechanisms hinder the success in reducing the land disputes according to the expectations of the people. This research focuses on the land dispute resolution mechanisms from the good governance perspective. Desk research, a case study and including interviewing the BPN officers and BPN customers are the methods used in this research. Literature review was carried out to better understand land dispute resolution mechanisms and good governance concepts. A case study was carried out to investigate the weakness and challenges of the land dispute resolution mechanism in Indonesia. An assessment framework including the required indicators has been developed on the basis of the literature review on Equity, Efficiency, Participation, Access to Information and Organization. The assessment of the Indonesian case study, identified gaps of performance such as: most of the people that are accessing the land dispute resolution mechanism are considered as knowledgeable people with sufficient resources and dominantly are men. The study also shows that most of the procedures are informative yet complicated and the length of time solving the cases was too long. Furthermore, it was revealed that the involvement of the people in the process of the resolution is essential, especially in the mediation approach. But yet the access to the land dispute resolution information is not sufficient, even though most of the people responded that they were satisfied. Regarding the roles of the actors involved, most of them rated their role as sufficient. Despite the number of results leading to indicators (i.e. obtaining the information, the clear procedure yet complicated) that needs to be improved, there are also satisfactions of the land dispute resolution mechanism. Finally, this research concludes that the responsible government organization needs to improve: a) the procedures of the land dispute resolution mechanism, b) the length of time in resolving the land disputes to reach satisfaction, and c) meet the needs of the people accessing information and the land dispute mechanism. Keywords: Land Dispute, Resolution Mechanism, Governance, Access
Item Type:Essay (Master)
Faculty:ITC: Faculty of Geo-information Science and Earth Observation
Programme:Geoinformation Science and Earth Observation MSc (75014)
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