Dualism of Land Rights Recognition in National and Customary Legal Systems in the Perspective of Dignified Justice

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

Authors

Institutions

Publication Details

Journal
Academia Open
Published
2025-06-30
DOI
https://doi.org/10.21070/acopen.10.2025.11363
Citations
1
Primary Topic
Regional Development and Environment
Type
article
Field-Weighted Citation Impact
4.20
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Dualism of Land Rights Recognition in National and Customary Legal Systems in the Perspective of Dignified Justice

Pandapotan Damanik
1 citations
Academia Open
Regional Development and Environment
4.20
article

Dualism of Land Rights Recognition in National and Customary Legal Systems in the Perspective of Dignified Justice

Pandapotan Damanik
article en
1 citations

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

Academia OpenVol. 10(1)
Universitas Simalungun (ID)
Openalex Percentile: Top 7%
Regional Development and Environment
4.20
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.