Media Iuris
Vol. 7 No. 1 (2024): MEDIA IURIS

The Epistemology of Land in an Adat Perspective: Philosophical Aspects of Human Relations With Land in the View of Mohammad Koesnoe

Moechthar, Oemar (Unknown)
Sekarmadji, Agus (Unknown)
Soelistyowati (Unknown)
Poespasari, Ellyne Dwi (Unknown)
Sampe, John Roberto (Unknown)



Article Info

Publish Date
29 Feb 2024

Abstract

AbstractThe spirit of agrarian law reform in Indonesia has been proposed since 2001, but to date it has not been realized. On the one hand, the existence of adat law as the basis for the formation of national agrarian law as stated in the UUPA needs to be questioned again, whether it actually uses adat law as its raw material, or whether it still uses colonial law. The discussion in this article aims to contribute ideas related to the reform of agrarian law in Indonesia which is based on customary law regarding land. The direction of this reform is based more on the views of adat law expert, Mohammad Koesnoe. The type of research in this article is legal research using a conceptual approach and also a statute approach, and analyzed using historical, systematic and grammatical interpretation methods. The research results show that customary law is still relevant to use as a basis for legal reform in Indonesia while still referring to the rechtsidee of the Indonesian nation as stated in Pancasila. Therefore, agrarian reform in Indonesia should refer to the original law of the Indonesian people, namely adat law.Keywords: Adat Land Law; Agrarian Law Reform; Soil Epistemology.

Copyrights © 2024






Journal Info

Abbrev

MI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Media Iuris E-ISSN (2621-5225) is an open-access-peer-reviewed legal journal affiliated with the Faculty of Law of Airlangga University, which was published for the first time in 2018 in the online version. The purpose of this journal is as a forum for legal scholars, lawyers and practitioners to ...