Characteristic of Land Dispute Settlement in Indonesian District Court Based on Audi Et Alteram Partem Principle

Abstract

Principle of judiciary implementation in Indonesia: impartial, open and honest. Land dispute settlement can be proceeded in the Civil Court guided by principle in Civil Procedure Law namely Audi et alteram partem (hear both parties). Land rights disputes are usually a matter of priority to be established as holders of legitimate rights over land with rights or without rights. Characteristic of land rights lawsuits are generally in the form of disputes of acts against the law and/or breach of contract, although in its development there are other types of lawsuits such as class action. The land dispute settlement is not easy, requiring special handling with characteristics depending on the status of the inherent rights therein. Settlement by kinship, deliberations outside the court and or if it fails then it can be preceded to litigation (court). In a fair litigation process for the parties, Audi et alteram partem principle should be used as the basis by the judge in deciding the dispute and until today the rule of Dutch law, HIR and RBG is still prevail. This article aims in order that government to regulate the principle of Audi et alteram partem in Law of the Republic of Indonesia Number 48 Year 2009 on Judicial Power or a new Civil Procedure Law which will replace the Herziene Indonesisch Reglement (HIR). To achieve these objectives then socialization is required, discussions involving academician, practitioners and government as well as legal awareness of society and law enforcers.

Keywords: civil procedure, dispute settlement, audi et alteram partem Principle