Law Enforcement of Land Disputes as a Factor in the Escalation of Violence: A Normative Juridical Analysis of Judicial Practices in Ambon City and Central Maluku Regency

Abstract

Land disputes in Indonesia are increasingly showing a tendency to trigger social conflict and violence, especially when law enforcement is unable to respond to the underlying social and economic factors. This study aims to analyze how the ambiguity of norms in land dispute law enforcement contributes to the escalation of conflict and violence in judicial practice in Ambon City and Central Maluku Regency. The study uses a normative juridical legal method with a statutory, conceptual, and case-based approach, through an analysis of the Ambon District Court Decision Number 94/Pdt.G/2023/PN Ambon and the Masohi District Court Decision Number 29/Pdt.G/2024/PN Msh. The results show that law enforcement in land disputes is still dominated by an orientation towards formal legal certainty, with an emphasis on proving the legality of rights without considering factors driving conflict such as overlapping ownership claims, unclear land boundaries, and the social and economic interests of the community. The ambiguity of norms is reflected in the procedural nature of mediation, the weak preventive role of the courts, and the lack of integrated cross-institutional coordination, which results in court decisions potentially triggering resistance and further conflict, particularly at the execution stage. This study concludes that the ambiguity of norms for enforcing land disputes acts as a structural factor in the escalation of violence, necessitating normative reconstruction that integrates socio-economic dimensions and conflict prevention as an integral part of the justice system.