Journal of Law, Poliitic and Humanities
Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities

Legal Certainty of Written Evidence of Land Formerly Owned by Indigenous Communities in Land Registration in Indonesia

Timoty Ezra Simanjuntak (Unknown)
Jokki Obi Mesa Situmeang (Unknown)
Aldo Prasetyo Riyadi (Unknown)
Mohammad Didi Ardiansah (Unknown)
Andi Sitti Ainy Nur Alifah (Unknown)



Article Info

Publish Date
21 Mar 2025

Abstract

This research aims to examine the legal certainty regarding written evidence of land formerly owned by indigenous communities in the context of land registration in Indonesia following the enactment of Government Regulation No. 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration. Additionally, this research explores the mechanisms for resolving land ownership disputes based on written evidence of land formerly owned by indigenous communities. The research methodology is conducted through a normative juridical approach, supplemented by interviews with key informants and an analysis of relevant legislation. The findings indicate that, according to Government Regulation No. 18 of 2021, written evidence of land formerly owned by indigenous communities is deemed invalid and serves only as a clue for land registration in Indonesia. Consequently, there has been a shift in the evidentiary power that was previously recognized as valid evidence; under the new regulation, it is now merely a clue for land registration. Nevertheless, in the event of a dispute over ownership of such land, written evidence of land formerly owned by indigenous communities may still be utilized as evidence in court.

Copyrights © 2025






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...