[ATR/BPN PODCAST] MARI KETAHUI APA ITU SENGKETA, KONFLIK DAN PERKARA PERTANAHAN

Summary

This transcript discusses Indonesia's Directorate-General of Land's approach to handling land-related disputes, conflicts, and legal cases. It highlights the classification of complaints into disputes, conflicts, and legal cases, the necessary documentation required for submitting a complaint, and the timelines for resolving cases based on their complexity. Additionally, the video addresses challenges in managing repeated complaints and transparency in the complaint handling process. The Directorate is working towards improving public access to case updates and enhancing system integration for efficient complaint management, aiming to provide more professional and transparent services to the public.

Takeaways

• 😀 Land disputes in Indonesia can involve ownership conflicts between individuals, groups, and even between individuals and large entities like the government or corporations.
• 😀 Complaints related to land disputes are processed by the Directorate General of Land Affairs (Dirjen 7), which is responsible for handling three main types of cases: disputes, conflicts, and legal cases.
• 😀 The process of filing a complaint requires the submission of essential documents such as proof of land ownership, the identity of the complainant, and a clear case narrative with relevant details like the land’s location and size.
• 😀 Dirjen 7 follows specific regulations (Permen 20/2001) to ensure complaints are processed effectively. If any required information is missing, the complaint will be returned for completion before being acted upon.
• 😀 For disputes that reach the courts, Dirjen 7 facilitates legal proceedings by providing support and representation through ministerial powers, while non-legal cases are addressed through administrative procedures.
• 😀 The handling of complaints is tracked through a specialized application, ensuring all case updates are documented and accessible to relevant stakeholders, including leadership.
• 😀 The average resolution times for land cases are categorized: minor cases take around 17 days, medium cases take 42-48 days, and complex cases can take up to 82 days.
• 😀 One of the key challenges in handling complaints is the repeated submission of the same case by multiple parties or entities, leading to delays and additional administrative work.
• 😀 A new integrated system or app is being developed to enhance transparency, allowing the public to track the status of their complaints and see the progress of case resolutions.
• 😀 In the future, citizens will be able to access real-time updates on their complaints, including at what stage the case is being handled, making the process more transparent and efficient.

Q & A

What are the three main types of land-related cases handled by the Ministry of ATR/BPN?

The three main types of land-related cases handled by the Ministry of ATR/BPN are 'sengketa' (disputes), 'konflik' (conflicts), and 'perkara' (legal cases). Sengketa involves disputes between two parties over land ownership, Konflik refers to disputes between an individual and a group or institution, while Perkara involves legal cases taken to court.

What is the difference between 'sengketa', 'konflik', and 'perkara' in land disputes?

'Sengketa' refers to disputes over land ownership between two parties. 'Konflik' involves disputes where one individual or entity is in conflict with a group, community, or another institution. 'Perkara' involves disputes that are taken to court for legal resolution.

What documents are required when submitting a land dispute complaint?

When submitting a land dispute complaint, the required documents include the complainant's personal identification, proof of land ownership, a power of attorney if someone is acting on behalf of the landowner, and a detailed chronology of the case, including the land's location, size, and ownership history.

What is the process of handling a land dispute complaint once it is submitted?

Once a land dispute complaint is submitted, it is first checked for completeness. If the required documents are provided, it is then forwarded to the appropriate directorate (e.g., for sengketa or konflik). The case is tracked through an internal system, and the progress is regularly updated for monitoring by relevant parties.

What are the expected timeframes for resolving different types of land dispute cases?

The timeframes for resolving land dispute cases are as follows: simple cases (ringan) should be resolved within 17 days, moderate cases (sedang) within 48 days, and complex cases (berat) may take up to 82 days, depending on the complexity and the need for coordination with other agencies.

How does the Ministry of ATR/BPN communicate with the public about the progress of their complaints?

The Ministry communicates the progress of complaints by notifying the complainants when their case has been received and forwarded to the appropriate directorate. Further updates on the stages of the case (such as initial analysis, review, and decision) are communicated through the system, and relevant parties are informed as the case progresses.

What are some challenges faced by the Ministry in handling land dispute complaints?

Some challenges include receiving repetitive complaints about the same case from multiple sources, such as the public, government agencies, or the legislature. Additionally, some complainants remain dissatisfied with decisions and continue to escalate the issue, which consumes more resources and time.

What steps is the Ministry taking to improve transparency and the complaint handling process?

The Ministry is working on developing an integrated system that allows the public to track the status of their complaints. This system will provide real-time updates on the progress of the case and ensure that the public can independently monitor how their issues are being addressed.

How is the Ministry planning to streamline the process of handling repeated complaints?

The Ministry aims to streamline the process by implementing a more centralized and integrated complaint management system. This system will allow different units within the Ministry to access the status of each case, reducing the need for repeated submissions and improving the efficiency of handling multiple complaints about the same issue.

How can the public access information about the status of their complaints?

The public will be able to access information about the status of their complaints through an online system that tracks the case from submission to resolution. This will allow complainants to monitor the progress and know at which stage their case is being processed.