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All Journal Jurnal Media Hukum
Rohayah, Nizla
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Law, Crime, Criminology & Criminal Justice

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Ownership of Land: Legal Philosophy and Culture Analysis of Land Property Rights Fuad, Fokky; Tardjono, Heriyono; Machmud, Aris; Rohayah, Nizla; Maghucu, Prosper
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18264

Abstract

Land stands as a fundamental aspect of human existence, serving as a cornerstone for meeting diverse needs and holding considerable economic significance. Its limited capacity often becomes a trigger for societal conflicts, spanning both vertical and horizontal dimensions. A well-crafted land policy holds the potential to foster community prosperity and ensure environmental sustainability. However, the imposition of state-driven evictions often leads to agrarian conflicts, undermining customary rights. This study examines the intricate relationship between land and humanity through the lenses of legal philosophy and the concept of land property rights within legal culture. Employing a formative juridical research approach, the authors aim to uncover a comprehensive human understanding rooted in philosophical perspectives, legal theory, dogmatic legal norms, and legal culture. From a philosophical standpoint, land represents a space where the spiritual connection between humans and their divine entities takes form. Furthermore, within the realm of legal culture, land is perceived as an integral part of the human essence, symbolizing the place of birth, growth, mortality, and final resting.
Co-Authors Fokky Fuad Machmud, Aris Maghucu, Prosper Tardjono, Heriyono