EFEKTIVITAS LITIGASI KENEGARAAN DALAM PENYELESAIAN SENGKETA ASET MILIK NEGARA DI INDONESIA

Abstract

Disputes over state assets in Indonesia are still common due to unlawful acquisition, third-party claims, and weak asset administration. Therefore, state litigation is used as a means of enforcing legal certainty. However, its effectiveness remains limited due to lengthy processes, high costs, and obstacles to executing decisions. Therefore, a study is needed to assess the effectiveness of litigation in optimally protecting and recovering state assets. This research is a normative legal study using a statute approach, a conceptual approach, and a case approach. The results indicate that state litigation plays a significant role in encouraging legal policy change while ensuring legal certainty through final and binding court decisions, although its effectiveness is still affected by the constraints of lengthy processes and high costs. Through the Constitutional Court, litigation also serves as a mechanism for testing the constitutionality of laws to ensure that all legal norms comply with the 1945 Constitution, thereby maintaining the principle of the rule of law in Indonesia.