INJURITY: Journal of Interdisciplinary Studies
Vol. 4 No. 7 (2025): INJURITY: Journal of Interdisciplinary Studies

Customary Land Rights Versus Land Use Rights (HGU)

Pasamai, Syamsuddin (Unknown)



Article Info

Publish Date
15 Jul 2025

Abstract

This study discusses the legal conflict between customary rights of customary law communities and the right to use business (HGU) given by the state to third parties, especially large companies. Customary rights as communal rights of indigenous peoples are recognized in a limited way in the Basic Agrarian Law (UUPA), but in practice they are often marginalized by economic interests through the granting of HGU. The research approach used is normative juridical by analyzing relevant laws and regulations, legal doctrines, and court decisions. The results of the study show that the strengthening of HGU in agrarian policies and the weak protection of customary rights trigger land conflicts and social injustice. Therefore, it is necessary to reformulate land policies that are more equitable and in favor of indigenous peoples while still paying attention to the principles of the social function of land as mandated in the UUPA and the 1945 Constitution.

Copyrights © 2025






Journal Info

Abbrev

inj

Publisher

Subject

Economics, Econometrics & Finance Education Engineering Public Health Social Sciences

Description

INJURITY - Interdiciplinary Journal and Hummanity provides a means for sustained discussion of relevant issues that fall within the focus and scopes of the journal which can be examined empirically. This journal publishes research articles in multidisciplinary sciences, which includes: Humanities ...