Inheritaged land dispute resolution process through litigation judicial mechanism in Gorontalo city

Kaharuddin Kamaru 1, *, Mahmud Tang 2, Ansar Arifin 2 and Sahmin Madina 2

1 Doctoral Program in Anthropology, Graduate School of Hasanuddin University, Jl. Perintis Kemerdekaan Km 10. Tamalanrea Hasanuddin University, Makassar, South Sulawesi, 90245 Indonesia.
2 Department of Anthropology, Faculty of Social and Political Sciences, Hasanuddin University, Jl. Perintis Kemerdekaan Km 10. Tamalanrea Hasanuddin University, Makassar, South Sulawesi, 90245 Indonesia.
 
Research Article
International Journal of Science and Research Archive, 2022, 07(02), 592-599.
Article DOI: 10.30574/ijsra.2022.7.2.0344
Publication history: 
Received on 17 November 2022; revised on 29 December 2022; accepted on 31 December 2022
 
Abstract: 
The phenomenon that occurs in land disputes every year has increased. This is evident from data from the Indonesian National Land Agency (BPN) which mentions around 2,865 cases of large-scale land disputes that have not been completed and have an impact on hampering the completion of registration and granting of land rights. Disputes can happen to anyone and anywhere. Disputes can occur between individuals and individuals, between individuals and groups, between groups and groups, between companies and companies, between companies and countries, between countries, and so on. The purpose of the study is a description of the settlement of inheritance land disputes through the litigation judicial mechanism in Gorontalo City. The research approach chosen in this study is descriptive qualitative with ethnographic research types. This type of research data consists of primary data and secondary data. Settlement of inheritance land disputes, then there are 2 (two) courts that handle it, namely the Religious Court and the District Court (General). Dispute resolution in court (litigation) is one of the most popular ways for some people in addition to the existence of out-of-court (non-litigation) dispute resolution methods, because the court is an institution that is trusted to provide binding solutions for justice seekers related to the problem at hand, but on the other hand some justice-seeking communities feel that their rights are violated if something goes wrong the authority to adjudicate from the court against the dispute it is trying. Cases of inheritance disputes in Gorontalo City, are not monopolized by the Religious Courts, but many residents who are in dispute inheritance take the route of district courts or public courts.
 
Keywords: 
Disputes; Land; Inheritance; Gorontalo
 
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