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All Journal Media Iuris Alauddin Law Development Journal (ALDEV)
Izu, Cynthia C.
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of The Prospects for The Implementation of The Customary Land Registration System: Benefits and Legal Issues Salam, Safrin; Sari, Rizki Mustika; Nurcahyo, Edy; Izu, Cynthia C.; Syahrul; Tonny, Fajrin
Alauddin Law Development Journal (ALDEV) Vol 6 No 2 (2024): Government Policy and Its Implementation to Maintain the Stability of the Nation
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i2.46518

Abstract

The existence of Permen ATR/KBPN No. 14 of 2024 regulates the customary land registration system in Indonesia. The purpose of this research is to analyses the customary land registration system and conceptually analyses the legal certainty of the issuance of customary land certificates. This type of research is normative legal research. The approaches used in analyzing in this research are legislative approach, case approach and concept approach. The results showed that the customary land registration system has been regulated in Permen ATR / KBPN No. 14 of 2024, in this legal provision it is regulated that customary land can be controlled in the form of management rights decisions and property rights certificates while the legal certainty of the issuance of customary land certificates according to Permen ATR / KBPN No. 14 of 2024 still encounters problems in terms of legal concepts.
Comparative Study on the Management and Utilization of Takimpo Sara Land Based on Customary Law in Indonesia and Nigeria Salam, Safrin; Slamet, Agus; Mahmuda, Dewi; Miqat, Nurul; Izu, Cynthia C.
Media Iuris Vol. 8 No. 3 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i3.74753

Abstract

This study analyzes the management and utilization of Sara customary land in Takimpo Village, Buton Regency, managed by the indigenous community based on customary law principles, and compares it with the customary land management system in Nigeria. Sara land holds significant cultural, social, and economic value for the indigenous community, who manage it based on principles of collectivity and consensus. The research method used is socio-legal, employing a qualitative approach through interviews, observations, and analysis of data obtained from the indigenous community, as well as relevant legal literature. The key findings indicate that the customary law principles in Takimpo emphasize communal land ownership, consensus as the decision-making mechanism, and sustainability in land use. Although customary law is respected, there is tension with state policies that prioritize individual land ownership. A comparison with Nigeria reveals similar principles of collectivity; however, state policies in Nigeria are more dominant, leading to tensions with the customary legal system. In conclusion, legal recognition of customary land needs to be strengthened in national land policies to protect the rights of indigenous communities. Mapping customary land based on customary law is essential to ensure sustainability and protect the rights of indigenous communities in managing their land.
Co-Authors Agus Slamet Mahmuda, Dewi Nurcahyo, Edy Nurul Miqat Safrin Salam Sari, Rizki Mustika Syahrul Tonny, Fajrin