Progressive Legal Implementation in Agrarian Conflict Resolution


Authors : Abdul Ra'up; Marthen Benu; Nugroho Utomo

Volume/Issue : Volume 8 - 2023, Issue 1 - January

Google Scholar : https://bit.ly/3IIfn9N

Scribd : https://bit.ly/3XIckqu

DOI : https://doi.org/10.5281/zenodo.7571391

Abstract : Writing this article aims to analyze agrarian disputes and conflicts which are still ongoing, through a progressive legal approach so as to provide recommendations on paradigms related to community rights to be protected. This writing uses a normative juridical approach by taking several approaches, namely the statutory approach and the conceptual approach to various unresolved agrarian disputes and conflicts. The main finding is the high level of agrarian disputes and conflicts which are increasingly expanding to agrarian disputes and conflicts which are not easy to resolve. Settlement of agrarian disputes and conflicts can be resolved if the law can work as the purpose of the law. So that the focal point for understanding the resolution of agrarian disputes and conflicts is the level of awareness that access or people's ownership of land is a basic right of every human being, which must be fulfilled by the state according to the constitutional mandate. The implementation of progressive law is expected to become a recommendation for efforts to resolve agrarian disputes and conflicts that prioritize human rights, especially in aspects of life that rely on the environment in the form of land as a support for increasing the welfare and prosperity of the people.

Keywords : Agrarian Conflict, Agrarian Reform, Progressive Law.

Writing this article aims to analyze agrarian disputes and conflicts which are still ongoing, through a progressive legal approach so as to provide recommendations on paradigms related to community rights to be protected. This writing uses a normative juridical approach by taking several approaches, namely the statutory approach and the conceptual approach to various unresolved agrarian disputes and conflicts. The main finding is the high level of agrarian disputes and conflicts which are increasingly expanding to agrarian disputes and conflicts which are not easy to resolve. Settlement of agrarian disputes and conflicts can be resolved if the law can work as the purpose of the law. So that the focal point for understanding the resolution of agrarian disputes and conflicts is the level of awareness that access or people's ownership of land is a basic right of every human being, which must be fulfilled by the state according to the constitutional mandate. The implementation of progressive law is expected to become a recommendation for efforts to resolve agrarian disputes and conflicts that prioritize human rights, especially in aspects of life that rely on the environment in the form of land as a support for increasing the welfare and prosperity of the people.

Keywords : Agrarian Conflict, Agrarian Reform, Progressive Law.

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