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All Journal INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Journal of Transcendental Law
Istani
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Land Legal Policy Registration of Customary Rights: Islamic Land Law Perspective Absori; Istani; Ach. Nurul Luthfi
Journal of Transcendental Law Vol. 7 No. 1 (2025): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v7i1.11141

Abstract

Article 28H paragraph (4) of the 1945 Constitution of Indonesia guarantees citizens the right to private property, including land, which cannot be taken arbitrarily. This study aims to: (1) describe current land titling policies; and (2) explain the policy on registering customary land rights. The research uses a normative, qualitative doctrinal approach. In Islamic land law, land is considered the property of Allah SWT, with humans granted authority to manage it in accordance with sharia. Thus, land management should adhere to divine, not human, laws. Indonesia’s current land certification policy is based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 12 of 2017, which governs the Acceleration of Complete Systematic Land Registration (PTSL). This program targets certification of 126 million land parcels by 2025. Land registration contributes to community welfare by offering legal certainty and protecting property rights. However, Government Regulation No. 27/1999 does not recognize customary (ulayat) land as eligible for certification, despite the constitutional mandate and the Basic Agrarian Law (UUPA) to protect such lands. To resolve this, the government can issue Customary Land Certificates through Regional Regulations as part of the Customary Land Registration process, ensuring legal recognition and protection of customary community land rights.
LEGAL PROTECTION FOR HEIRS IN CONTROL OF DIGITAL ASSETS IN THE FORM OF ELECTRONIC WALLET (E-WALLET) BALANCES Lumban Gaol, Parida; Wardhani, Novea Elysa; Istani; Evi
International Journal of Cultural and Social Science Vol. 7 No. 2 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i2.1328

Abstract

This research focuses on analyzing the status of e-wallet balances as part of inherited assets in the Indonesian inheritance law system amidst the rapid development of the digital economy. The main issues examined are the suitability of the concept of e-wallet balances with the construction of assets in civil law and the legal and technical obstacles faced by heirs in the process of acquiring them. This research uses a normative legal research method with a statutory, conceptual, and comparative legal approach. Data were obtained through a literature review of laws and regulations, expert doctrines, court decisions, and relevant legal literature, then analyzed qualitatively and systematically. The results show that conceptually and legally, e-wallet balances qualify as intangible assets with economic value and are under the legal control of the heir, thus deserving of their status as part of inherited assets. However, the lack of explicit regulations regarding the inheritance of digital assets, coupled with strict personal data protection regimes and account security systems, creates legal uncertainty and practical obstacles for heirs in accessing e-wallet balances. The implications of this research emphasize the need for updating and harmonizing inheritance law regulations with personal data protection laws and digital financial services regulations, in order to create a digital asset inheritance mechanism that provides legal certainty, protects heirs' rights, and is responsive to technological developments.
LEGAL PROTECTION OF OWNERSHIP CERTIFICATE HOLDERS AGAINST THE VALIDITY OF LAND CERTIFICATES IN A NEGATIVE PUBLICATION SYSTEM Marcelina, Nhelly; Wardhani, Novea Elysa; Evi; Istani
International Journal of Cultural and Social Science Vol. 7 No. 2 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i2.1374

Abstract

This study aims to analyze the legal status and evidentiary strength of the Land Ownership Statement (SKT) in relation to the Certificate of Ownership (SHM), as well as the legal protection and certainty afforded to certificate holders. The research employs normative legal research methods using statutory, conceptual, and case approaches. The findings indicate that the SKT merely functions as an administrative basis of title, whereas the Certificate of Ownership constitutes a strong form of evidence of land rights, although it is not absolute under the negative publication system and may still be challenged if juridical or administrative defects are proven. The main issue addressed in this study is the lack of clear regulation regarding the legal status and limits of the evidentiary value of the SKT vis-à-vis the Certificate of Ownership. This study concludes that the land registration system based on negative publication has not yet fully ensured legal certainty and protection for holders of Certificates of Ownership, thus necessitating clearer regulation of the legal standing of the SKT and the strengthening of the land registration system.
Co-Authors Absori Absori Ach. Nurul Luthfi Evi Lumban Gaol, Parida Marcelina, Nhelly Novea Elysa Wardhani