The Parameters of Absolute Competence of General Courts and State Administrative Courts in Adjudicating Land Disputes

¹ Faculty of Law, Universitas Islam Al Azhar, 83233 Mataram, Indonesia
² Faculty of Culture, Universitas Bumigora, 83127 Mataram, Indonesia

^* Corresponding author: fathurrauzidoktor@gmail.com

Abstract

The judiciary, as a subsystem of the judicial power system in Indonesia, consists of four judicial environments, namely the general judiciary, religious court, military court, and state administrative court. The parameters for determining the authority of each judicial body are as specified in Act Number 48 of 2009 concerning Judicial Power. This research aims to analyze the existence of legal instruments, the scope of authority of the State Administrative Court and the general court in land disputes, as well as the absolute competency parameters of the general court and State Administrative Court in adjudicating land disputes. The problem was investigated using several approaches, namely the conceptual approach, the statutory regulatory approach, and the case approach. The research can provide a theoretical contribution, namely a contribution of thought to the development of legal science, especially administrative law, in the form of concepts and theories related to the authority of the judiciary. Practical contributions can be a contribution of thought to the community and legal practitioners, especially judges, in recognizing aspects of public law and aspects of civil law in dealing with land disputes.