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Journal : Jurnal Ilmiah Peuradeun

The Patterns of Ownership and the Registration of Customary Land in Manggarai Regency, Indonesia Mujiburohman, Dian Aries; Andari, Dwi Wulan Titik; Junarto, Rohmat; Mujiati, Mujiati
Jurnal Ilmiah Peuradeun Vol. 12 No. 1 (2024): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v12i1.969

Abstract

This research analyzes ownership patterns and the process of legalizing customary land in Manggarai Regency. The research method used is qualitative with a descriptive approach and uses secondary data. Normative socio-juridical methods are also used to view and analyze the research data that has been collected. Data was collected through observations and interviews with traditional elders and members of traditional communities. The results showed that the legalization of Ulayat land greatly affected the pattern of land ownership in Manggarai and the change of entities from indigenous land to non-indigenous land that was initially jointly controlled or communal into individual rights due to the legalization or registration of land. Legalization of Ulayat land with a public dimension can only be done by measuring, mapping, and recording it in the land register. Meanwhile, Ulayat land with private dimensions can be issued a land certificate for individuals with a release mechanism from the customary leader to be used as state land. This legalization resulted in the depreciation of Ulayat land and the fading of customary bonds in Manggarai. This research provides insight into land legalization's legal and social impacts on Manggarai, highlighting significant changes in ownership structures and the loss of customary values.
The Issues of Land Tenure in Mixed Marriage Mujiburohman, Dian Aries; Junarto, Rohmat; Salim, M Nazir; Pujiriyani, Dwi Wulan; Utami, Westi; Andari, Dwi Titik Wulan
Jurnal Ilmiah Peuradeun Vol. 11 No. 1 (2023): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v11i1.818

Abstract

One of the problems in mixed marriages of different nationalities is joint property. Most mixed-married couples do not make property separation agreements because they are unaware that the Marriage Law governs them. The absence of a marriage agreement results in a mix of assets, which means that foreigners own half of the joint property. The provisions in the land law/ UUPA state that foreigners are prohibited from having land rights except for usufructuary rights and rental rights. This study applied the normative legal research method with a statutory and case-based approach. This study showed that if mixed marriage actors did not have a property separation agreement, Indonesian citizens' land rights ownership status was equal to that of the foreigners. Second, jurisprudence still required a separation of properties in mixed marriages. The agreement could be made before, during, or after the marriage. Third, marriage institutions could conduct legal smuggling to obtain land rights in Indonesia through borrowing names (nominees), usually carried out in an unregistered marriage.