Journal of Transcendental Law
Vol. 7 No. 1 (2025): Journal of Transcendental Law

Land Legal Policy Registration of Customary Rights: Islamic Land Law Perspective

Absori (Unknown)
Istani (Unknown)
Ach. Nurul Luthfi (Unknown)



Article Info

Publish Date
30 Aug 2025

Abstract

Article 28H paragraph (4) of the 1945 Constitution of Indonesia guarantees citizens the right to private property, including land, which cannot be taken arbitrarily. This study aims to: (1) describe current land titling policies; and (2) explain the policy on registering customary land rights. The research uses a normative, qualitative doctrinal approach. In Islamic land law, land is considered the property of Allah SWT, with humans granted authority to manage it in accordance with sharia. Thus, land management should adhere to divine, not human, laws. Indonesia’s current land certification policy is based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 12 of 2017, which governs the Acceleration of Complete Systematic Land Registration (PTSL). This program targets certification of 126 million land parcels by 2025. Land registration contributes to community welfare by offering legal certainty and protecting property rights. However, Government Regulation No. 27/1999 does not recognize customary (ulayat) land as eligible for certification, despite the constitutional mandate and the Basic Agrarian Law (UUPA) to protect such lands. To resolve this, the government can issue Customary Land Certificates through Regional Regulations as part of the Customary Land Registration process, ensuring legal recognition and protection of customary community land rights.

Copyrights © 2025






Journal Info

Abbrev

jtl

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Transcendental Law is an academic journal published twice a year by the Doctor Law Program of Universitas Muhammadiyah Surakarta. This journal was first published in 2019. The journal, intended as a communication, information, and development medium of law focuses its content on the ...