Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 2 (2024): Pena Justisia

Analysis of Land Rights Acquisition Through Inheritance in Cases of Customary Land Disputes

Suryana, Ilham Adi (Unknown)
Djajaputera, Gunawan (Unknown)



Article Info

Publish Date
25 Jun 2024

Abstract

This study focuses on analyzing the interaction between formal inheritance law and customary law in the context of acquiring land rights through inheritance, particularly in cases of customary land disputes in Indonesia. Through literature review and case analysis, this research evaluates how formal inheritance law, represented by the Civil Code, and local customary legal practices can conflict, causing complexity and disputes in the transmission of land rights. The main findings indicate that the misalignment between these two legal systems often results in injustices in the distribution of inheritance and prolonged disputes. This study proposes the need for legal reform that integrates customary law with national law, supporting the recording and codification of customary law to ensure justice and legal certainty, as well as respecting the cultural values of indigenous communities. The research concludes by recommending the development of more inclusive and sustainable policies to effectively manage customary land inheritance in Indonesia

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...