Menuntaskan Sengketa Tanah: Melalui Pengadilan Khusus Pertanahan
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Akibat kekosongan dan kerancuan hukum, kasus-kasus sengketa tanah makin banyak. Kasus Makam Mbah Priok, Alas Tlogo (Pasuruan), Mesuji, dan Ogan Ilir yang ramai diberitakan karena menimbulkan kerusuhan maut, pada intinya adalah kasus sengketa tanah.
Sejatinya, urusan tanah Indonesia diatur dalam UU Pokok Agraria (UUPA) 1960 yang bersemangat nasionalis dan populis, mengutamakan manusia daripada korporasi dan mencegah kesenjangan dalam kepemilikan tanah. Namun sebelum land reform berbasis UUPA sempat dijalankan, rezim berubah dan UUPA pun terpinggirkan. Hukum privat dan hukum publik jadi tumpang tindih, diperparah berbagai pelanggaran seperti pemalsuan dan penyerobotan, sehingga menyuburkan sengketa tanah di Indonesia. Timbul berbagai masalah, mulai dari tak bisa dimanfaatkannya tanah untuk kemakmuran sampai bentrokan yang memakan korban jiwa.
Dalam buku ini, Elza Syarief, advokat perempuan yang paling dikenal di Indonesia, menghadirkan kajian ilmu hukum tanah. Kajian ini, yang aslinya disusun sebagai disertasi di Fakultas Hukum Universitas Padjadjaran, merangkum argumen dari berbagai sumber dan pengalaman penulis menangani kasus-kasus tanah. Penulis menawarkan penyelesaian bagi keruwetan masalah tanah di Indonesia dengan mengusulkan diadakannya badan yang fokus menangani semua urusan tanah, Pengadilan Khusus Pertanahan, sebagai jalan keluar menuntaskan sengketa tanah di Indonesia.
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