Pengaruh Labelisasi Hak Pengelolaan Terhadap Eksistensi Hak Ulayat Masyarakat Hukum Adat

This study aims to analyze the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, which has caused pros and cons in society. Specifically, this study discusses the existence of customary law communities from a normative perspective and the labeling of HPL on customary rights of customary law communities and analyzes the legal consequences of granting HPL to customary law communities over customary rights. This study uses a juridical-normative method. The results of the study conclude that the constitution recognizes the existence of customary law communities along with the customary rights of customary law communities. Regulation of the Minister of ATR/BPN Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, although it has provided space for customary land registration, has not provided adequate legal protection for customary law communities in the process of granting Management Rights (HPL). Normative ambiguity and the lack of fair and participatory conflict resolution mechanisms are the main challenges. Therefore, there is a need for revision and strengthening of regulations.

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Publication Details

Journal
Law Development and Justice Review
Published
2025-05-31
DOI
https://doi.org/10.14710/ldjr.8.2025.106-122
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

Pengaruh Labelisasi Hak Pengelolaan Terhadap Eksistensi Hak Ulayat Masyarakat Hukum Adat

Dadang Fernando, Tembang Merah Sunny Socialista, Laily Nur Aisah
Law Development and Justice Review
Marriage and Family Dynamics
article

Pengaruh Labelisasi Hak Pengelolaan Terhadap Eksistensi Hak Ulayat Masyarakat Hukum Adat

Dadang Fernando, Tembang Merah Sunny Socialista, Laily Nur Aisah
article en

Abstract

This study aims to analyze the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, which has caused pros and cons in society. Specifically, this study discusses the existence of customary law communities from a normative perspective and the labeling of HPL on customary rights of customary law communities and analyzes the legal consequences of granting HPL to customary law communities over customary rights. This study uses a juridical-normative method. The results of the study conclude that the constitution recognizes the existence of customary law communities along with the customary rights of customary law communities. Regulation of the Minister of ATR/BPN Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, although it has provided space for customary land registration, has not provided adequate legal protection for customary law communities in the process of granting Management Rights (HPL). Normative ambiguity and the lack of fair and participatory conflict resolution mechanisms are the main challenges. Therefore, there is a need for revision and strengthening of regulations.

Law Development and Justice ReviewVol. 8(2)
Universitas Gadjah Mada (ID)
Openalex Percentile: Top 84%
Marriage and Family Dynamics
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