Juridical Review of Recognition Problems on Customary or Communal Land in Indonesia
Journal Title: Saudi Journal of Humanities and Social Sciences - Year 2018, Vol 3, Issue 2
Abstract
Abstract:The land is a right that cannot be separated from human life. It is a place to earn a living, build a house or residence, and also a place of burial of people at the time of death. It is an essential thing to a human. For there to be no uncertainty of rights between each other, it is necessary to have rules governing the relationship between man and the land. The land law according to customary law rules man's relationship with the land. According to customary law in Indonesia, there are two kinds of land rights, communal rights, and individuals. It makes the existence of customary law dualism in Indonesia. This should be avoided in the field of law because dualism can lead to legal uncertainty in which a situation is contrary to the philosophy and purpose of the law itself. Thus, the question arises how the customary land law arrangements that exist in Indonesia and the customary land law position after UUPA 1960. This research used normative juridical approach method; this approach refers to written regulations or other legal materials that are secondary to see how it is done through field research to obtain clarity about the subject matter. It can be concluded that the customary laws prevailing in Indonesia indicate the existence of a nuance of life or social function of the land in the division of communal land and individual land or individual. The distribution of rights or arrangements on customary land rights indicates an attempt to discipline the use of customary lands to ensure justice. Legal certainty is not guaranteed by only relying on customary land law alone because of aspects of applying the principle of abstract jurisdiction construction in customary land law. Keywords:Juridical Review, Customary Rights, Communal Rights.
Authors and Affiliations
Lilik Warsito, Guna rto, Tri Susilowati
Keywords
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