Reconstructing Legal Certainty and Justice on Prejudicieel Geschil for the Execution of Property Rights

DOI

10.2991/978-2-38476-519-5_18How to use a DOI?

Keywords

Justice; Legal Certainty; Prejudicieel Geschil; Property Rights

Abstract

Prejudicieel geschil stops decisions in related cases from conflicting with each other. Still, the presence of prejudicieel geschil or preliminary disputes often makes it hard to carry out court decisions about property rights, especially when an overlap goes against the principles of legal certainty and justice. This research aims to restore the principles of legal certainty and justice in the resolution of biased disputes so that property rights and decisions can be enforced fairly and effectively happen again. This research uses a normative legal approach, which means it looks at relevant legal doctrines, court decisions, and laws and regulations qualitatively. The study’s results show that the Indonesian legal system’s use of prejudice geschil leads to legal uncertainty and inconsistent judicial practice, especially when it comes to enforcing property rights. Lack of clear rules in laws and regulations, as well as poor communication between courts, often leads to delays in court decisions and unfair treatment of people whose rights should be protected by law. Because of this, it is essential to change how we regulate and manage biased behavior. This change needs to focus on making more strict legal rules and controlling unfair settlement methods. Adding substantive justice principles to dispute resolution, using information technology to support transparency, and setting up a system for cross-jurisdictional coordination can strengthen the ideas of legal certainty and justice.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Adhiem Widigdo
AU  - Adi Sulistiyono
AU  - Muhammad Rustamaji
PY  - 2025
DA  - 2025/12/29
TI  - Reconstructing Legal Certainty and Justice on Prejudicieel Geschil for the Execution of Property Rights
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 229
EP  - 239
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_18
DO  - 10.2991/978-2-38476-519-5_18
ID  - Widigdo2025
ER  -