Academia Open
Vol. 10 No. 1 (2025): June

Dualism of Land Rights Recognition in National and Customary Legal Systems in the Perspective of Dignified Justice: Dualisme Pengakuan Hak Atas Tanah dalam Sistem Hukum Nasional dan Adat dalam Perspektif Keadilan Bermartabat

Pandapotan Damanik (Program Studi Ilmu Hukum, Universitas Simalungun)



Article Info

Publish Date
30 Jun 2025

Abstract

General Background: The recognition of land rights in Indonesia reflects a complex legal landscape marked by the coexistence of national land law and indigenous customary (ulayat) rights. Specific Background: This dualism often leads to legal uncertainty and conflicts, particularly in areas where indigenous land tenure systems remain active. Knowledge Gap: While existing studies acknowledge the presence of legal dualism, few explore it through the lens of dignified justice rooted in Pancasila values. Aims: This research aims to analyze the dualism of land rights recognition in Indonesia through the perspective of dignified justice, which upholds human dignity, balanced rights and obligations, and non-discriminatory legal treatment. Results: The findings reveal that dignified justice requires national land law to not merely coexist with, but harmonize and complement, ulayat rights to protect indigenous socio-cultural values while ensuring legal certainty. Novelty: The study introduces a framework wherein the UUPA (Basic Agrarian Law) serves as a foundational bridge to align state sovereignty over land with the recognition of living customary laws. Implications: Future regulatory frameworks must promote structural and administrative harmony, ensuring equitable land governance that respects cultural identity without compromising national legal unity. Highlights: Balances national legal certainty with indigenous land rights. Promotes harmony between customary and state law. Emphasizes justice based on Pancasila values. Keywords: Legal Dualism, Land Rights, Dignified Justice

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Journal Info

Abbrev

acopen

Publisher

Subject

Medicine & Pharmacology Public Health

Description

Academia Open is published by Universitas Muhammadiyah Sidoarjo published 2 (two) issues per year (June and December). This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This ...