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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Imam Koeswahyono
Faculty of Law, Brawijaya University Malang, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

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The Urgency of Regulating Priority Rights for Former Land Rights Holders Over Management Rights Maratul Muslimatus Salimah; Imam Koeswahyono; Bambang Eko Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.340

Abstract

Regulations regarding management rights are still considered sporadic and fragmented, making the substance of management rights difficult to understand. One of the authorities of the holder of management rights is to use and utilize all or part of the land with management rights for their own use or in collaboration with third parties through land utilization agreements. Third parties can utilize the part of the land that is collaborated with the right to cultivate, right to build, or right to use. As is known, land rights can be granted over state land and management rights. If the term of land rights over state land expires, the former holder of the land rights is given priority rights to extend the land rights. This is different from land rights over management rights, where currently there are no regulations regarding the granting of priority rights to former rights holders. Third parties who utilize land with management rights properly and in accordance with spatial plans should be given priority rights to extend the land rights over management rights. This type of research is normative legal research with a statutory regulatory approach, a case approach, a conceptual approach, and a historical approach. The results of this study indicate that there is an urgency to regulate the priority rights of former holders of land rights over management rights, considering that the substance of management rights is part of the state's right to control. Thus, the characteristics of management rights in the context of land use agreements by third parties are in line with the objectives of the state's right to control, namely for the greatest prosperity of the people.
Legal Certainty of Indigenous Peoples' Customary Land Rights in Relation to Cultivation Rights : A Legal Certainty Perspective in West Kutai Tarisa; Imam Koeswahyono; Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.409

Abstract

This study examines the nature of land disputes between the Intu Lingau Indigenous Community and holders of plantation cultivation rights in West Kutai Regency and proposes a dispute resolution model based on the principle of legal certainty. It employs normative legal research using statutory, conceptual, and case approaches, analyzed through the theory of legal certainty. The research gap lies in the absence of studies specifically addressing the normative conflict between the recognition of indigenous communal land rights and the cultivation rights regime as the primary source of legal uncertainty in land dispute resolution. The findings reveal that the dispute extends beyond land control, reflecting a normative conflict between the constitutional recognition of hak ulayat and the state's grant of cultivation rights without an integrated legal framework. Consequently, dispute resolution mechanisms through regional governments and agrarian authorities have not provided definitive legal certainty. The novelty of this study is a legal certainty-based dispute resolution model consisting of three stages: recognition of indigenous communities and their customary territories, verification and legal audit of cultivation rights, and deliberation based on the audit results as the basis for settlement. This model is expected to strengthen legal certainty, protect indigenous communal land rights, and promote a more coherent land law system in Indonesia.
Co-Authors Bambang Eko Supriyadi Maratul Muslimatus Salimah Supriyadi Tarisa