Jurnal Hukum Volkgeist
Vol. 7 No. 1 (2022): DECEMBER

Legality And Legal Certainty Of Ulayat Land For Indigenous Law Communities (Analysis of Decision Number 1430 K/Pdt/2022)

Edy Nurcahyo (Universitas Muhammadiyah Buton)
Hudali Mukti (Universitas Widya Gama Mahakam Samarinda)
Ahmad Rosidi (Universitas 45 Mataram)
Yogi Yasa Wedha (Universitas Mahasaraswati Denpasar)
Ayu Putu Laksmi Danyathi (Universitas Udayana)



Article Info

Publish Date
31 Dec 2022

Abstract

Land disputes in Indonesia are still very high, including land disputes that occur on ulayat lands. In the settlement of land disputes in court, sometimes indigenous peoples have to lose in defending their rights due to the weakness of the legality factor of land ownership rights on ulayat land. To minimize customary land disputes, regulations are needed that guarantee legal protection and certainty for the customary lands of indigenous peoples. The research method used is normative legal research. In this study using a statutory approach. The analysis used is descriptive qualitative analysis. The ulayat land of the customary law community unit has received recognition regarding its existence as long as the fact is that it still exists. The acknowledgment of this existence has been stated in Article 3 of the Basic Agrarian Law, but in the implementing regulations there is still a legal vacuum that results in weak aspects of protection and legal certainty for the existence of ulayat land. The existence of customary law institutions that do not yet have legality becomes a barrier for customary law community units in defending their rights in ulayat land disputes. The existence of ulayat lands cannot be separated from the recognition of customary law communities who are part of the existence of ulayat lands. Legal certainty in providing protection for ulayat lands of customary law community units is very necessary to maintain the existence of ulayat lands.

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Journal Info

Abbrev

Volkgeist

Publisher

Subject

Arts Humanities

Description

Jurnal Hukum Volkgeist has a focus to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. It is an open access and peer-reviewed journal, published by Faculty of Law, Muhammadiyah University of Buton. The journal is a ...