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All Journal Alauddin Law Development Journal (ALDEV) Journal of Transcendental Law
Tonny, Fajrin
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Religion 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.
The Concept of "Austin and Jeremy Bentham" and Its Relevance to the Construction of Indigenous People Salam, Safrin; Karim, La Ode Muhammad; Gurusi, La; Kaswandi, Kaswandi; Tonny, Fajrin; Dewi, Rasmala
Journal of Transcendental Law Vol. 6 No. 1 (2024): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v6i1.4153

Abstract

The concepts of positivism and utilitarian schools show differences in regulating or interpreting society and individual rights. The purpose of this research is to find the views of the pure law school and the utilitarian law school in reconstructing indigenous peoples. This research uses normative legal research. In its study, this research uses several approaches, namely the statutory approach and the concept approach. The results showed that John Austin's pure legal school places the construction of indigenous peoples in the standard norms contained in Article 18 B paragraph (2) of the 1945 Constitution. This flow limits the interpretation of the construction of indigenous peoples. Meanwhile, according to the utilitarian legal school of Jeremy Bentham, the view of Article 18 B paragraph (2) of the 1945 Constitution as the basis for the construction of indigenous peoples shifts by interpreting the existence of indigenous peoples is not only seen as law an sich, but the legal regulation of legal communities is seen in 3 (three) aspects, namely a) indigenous peoples are seen in the position of legal reality; b) Customary law becomes a translation of the legal provisions referred to in Article 18 B paragraph (2) of the 1945 Constitution; c) Recognition and protection of the law of indigenous peoples are constructed in the aspect of legal reality. Thus, the utilitarian school of law opens a new approach in the construction of indigenous peoples that is not only reviewed from the norms an sich in statutory regulations but the existence of utilitarian schools of law can be used to open more lively legal spaces in constructing recognition and protection of the rights of indigenous peoples as subjects of law.
Co-Authors Dewi, Rasmala Gurusi, La Izu, Cynthia C. Karim, La Ode Muhammad Kaswandi, Kaswandi Nurcahyo, Edy Safrin Salam Sari, Rizki Mustika Syahrul