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All Journal Jurnal Litigasi Amsir Jurnal Ilmiah Multidisiplin Amsir
Nisa, Ayu Chairun
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Dinamika Agraria Nasional dan Sengketa Tanah Adat dalam Perspektif Hukum Kontemporer Nisa, Ayu Chairun; Asriyani, Arini
Jurnal Ilmiah Multidisiplin Amsir Vol 3 No 2 (2025): Juni
Publisher : AhInstitute of Research and Community Service (LP2M) Institute of Social Sciences and Business Andi Sapada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62861/jimat amsir.v3i2.630

Abstract

This study positions customary land not merely as an object of agrarian law but as a reflection of the complex relationship between state entities, local traditions, and the human rights of indigenous communities, which are constantly adapting to the demands of modernisation and the need for legal certainty. Using a normative legal approach and socio-legal analysis, the discourse on the existence and protection of customary rights in Indonesia illustrates the contestation between formal recognition dominated by the national registration system and local practices that still rely on customary values, structures, and legitimacy. This dynamic demands strengthening legal harmonization mechanisms, innovation in institutional instruments, and sensitivity to state policies so that substantive justice and social sustainability for indigenous communities can be realised within the framework of national agrarian law.
Individualization of Communal Rights: Implications of Changes in Customary Marriage Structures for Customary Land Ownership Syahril, Muh. Akbar Fhad; Pransisto, Johamran; Wiwin, Wiwin; Nisa, Ayu Chairun; Asriyani, Arini
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the impact of changes in customary marriage structures on the individualisation of customary land rights, from communal to individual ownership, and its implications for the governance and protection of customary land in Indonesia's indigenous communities. Using normative legal methods, the study finds that modernisation and land certification policies encourage the fragmentation of collective rights into private rights, thereby posing risks to weakened social solidarity, ownership conflicts, and increased vulnerability to land exploitation. Although providing administrative legal certainty, individualisation has not been able to optimally accommodate customary values and the social functions of customary land. Therefore, synergy between customary law and national law is needed to create fair and sustainable agrarian regulations, ensuring the protection of customary rights while adapting to the socio-cultural dynamics of indigenous communities.
Co-Authors Asriyani, Arini Muh. Akbar Fhad Syahril Pransisto, Johamran Wiwin Wiwin, Wiwin