Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-3 | Issue-02 | 255-260
Original Research Article
Juridical Review of Recognition Problems on Customary or Communal Land in Indonesia
LilikWarsito, Gunarto, Tri Susilowati
Published : Feb. 28, 2018
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.