Legal Certainty of Ownership and Transfer of Rights to Alternate Rice Field Land in Kerinci Regency

The Kerinci indigenous people apply a system of land tenure of alternate rice fields that are inherited matrilineally. However, this system faces obstacles in legal certainty, especially related to the transfer of rights and land registration. This study aims to analyze the pattern of control, legal certainty, and dispute resolution mechanism in the system. The method used is empirical juridical with an analytical descriptive approach. The results show that although the rotational rice field system is still in effect, the absence of ownership certificates hinders legal certainty, while dispute resolution still relies on customary institutions. Harmonization of customary law and agrarian law is needed to improve legal protection for the Kerinci indigenous people.

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2025-04-17
DOI
https://doi.org/10.38035/jlph.v5i4.1653
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Legal Certainty of Ownership and Transfer of Rights to Alternate Rice Field Land in Kerinci Regency

Syofiarti Syofiarti, M. Zidny Nafi’ Hasbi, Qurratul Aini
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Journal of Law Politic and Humanities
Legal Studies and Policies
article

Legal Certainty of Ownership and Transfer of Rights to Alternate Rice Field Land in Kerinci Regency

Syofiarti Syofiarti, M. Zidny Nafi’ Hasbi, Qurratul Aini
article en

Abstract

The Kerinci indigenous people apply a system of land tenure of alternate rice fields that are inherited matrilineally. However, this system faces obstacles in legal certainty, especially related to the transfer of rights and land registration. This study aims to analyze the pattern of control, legal certainty, and dispute resolution mechanism in the system. The method used is empirical juridical with an analytical descriptive approach. The results show that although the rotational rice field system is still in effect, the absence of ownership certificates hinders legal certainty, while dispute resolution still relies on customary institutions. Harmonization of customary law and agrarian law is needed to improve legal protection for the Kerinci indigenous people.

Journal of Law Politic and HumanitiesVol. 5(4)
Andalas University (ID)
Openalex Percentile: Top 89%
Legal Studies and Policies
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