Year: 2025
Type: article
Abstract: Land is an inseparable part of human life from conception to death. Land not only functions as a foundation for human economic activities, but is also an important object for social, cultural and political life. Customary law communities have concerns about customary land certification because of the potential risks it poses, such as the imposition of HPL certificates on customary land and the potential for escalation of conflict between customary law communities as a result of parties attempting to represent customary law communities through intermediaries to facilitate cooperation. This research primarily tries to assess and analyze the legal implications of the customary land inventory law in Indonesia, but also seeks to find and analyze the ideal legal protection to provide legal certainty for customary law communities who manage customary land in Indonesia. This research examines related laws using normative juridical methods. Based on the findings, the external and internal survival of indigenous communities is closely related to the use of customary land in their customary territories. Therefore, the state must continuously ensure the continuity and existence of indigenous communities who manage customary land. A positive development in the fight for legal certainty of customary land is the idea of community rights certificates. The certificate itself is very good, but the legal framework on which it is based needs more improvement, especially with regard to the idea of people's rights in law.
Source: Widya Yuridika
Authors: Kerismon Kerismon, Sri Wahyu Jatmiko
Institution: Universitas Narotama
Language: English
Topic: Land Rights and Reforms
Subfield: Soil Science
Domain: Life Sciences
Open Access status: diamond
OpenAlex ID: W4413994924