Legal Certainty of Indigenous People's Land Rights of Former Customary Land Ownership Evidence After Its Validity Period Expires
Year: 2025
Type: article
Abstract: This article examines the legal protection afforded to holders of written proof of customary land ownership in Indonesia, especially after the enactment of Article 96 (2) of Government Regulation No. 18 of 2021, which states that the document is not valid after five years. The provision has raised serious concerns about the legal certainty and constitutional rights of indigenous peoples. Using normative juridical methods and conceptual approaches, this study analyzes the tension between state-imposed administrative requirements and the recognition of land tenure based on historically rooted customary law. The study revealed that the abrupt cancellation of customary land documents without a transitional mechanism creates legal exceptions and exacerbates structural inequalities, especially among rural and indigenous peoples with limited access to legal resources. The analysis finds that such policy undermines the principles of procedural fairness, legitimate expectations, and the protection of property rights as guaranteed by the 1945 Constitution of Indonesia and international human rights instruments. The article argues for a rights-based and restorative framework to ensure transitional legal protection and the recognition of non-formal evidence rooted in Indigenous traditions. This approach is essential to aligning agrarian policy with justice, inclusivity, and constitutional obligations
Author: Feny Yan Putri
Institution: University of Brawijaya
Language: English
Topic: Land Rights and Reforms
Subfield: Soil Science
Domain: Life Sciences
Open Access status: diamond
OpenAlex ID: W4410977413