Pengelolaan Tanah Ulayat dalam Perspektif Hukum Adat Agraria

Customary land is vital to the lives of customary law communities, as it relates not only to land ownership and usage but also plays a role in social, economic, cultural, and religious aspects. In practice, the management of customary land involves indigenous communities and customary institutions, as well as decision-making and dispute-resolution processes that evolve within the community. This study aims to gather and synthesize research findings on customary land management from the perspective of agrarian customary law, focusing specifically on aspects of tenure, usage, protection, customary institutions, and dispute resolution. The study employs a Systematic Literature Review (SLR) method, involving an organized and systematic process of searching for, selecting, extracting, and compiling literature. Primary sources were selected from articles directly addressing customary land, customary law systems, land usage, customary land protection, customary institutions, and conflicts related to customary land. The synthesis reveals that customary land management is typically a collective community effort, deeply intertwined with the existence of indigenous communities and their customary institutions. Land utilization aims not merely for economic gain but also serves social, cultural, and religious interests. Protecting customary land entails clearly defining the territory, recording data, mapping, ensuring community participation, and maintaining the functional capacity of customary institutions. Deliberation, mediation, and customary mechanisms are frequently identified as the prevailing patterns for resolving conflicts. The study also highlights certain limitations, specifically a prevalence of case studies focused on particular areas and a scarcity of comparative research regarding customary land management models across different regions.

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Publication Details

Journal
ALADALAH Jurnal Politik Sosial Hukum dan Humaniora
Published
2026-10-13
DOI
https://doi.org/10.59246/7h30we79
Primary Topic
Land Rights and Reforms
Type
article
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article

Pengelolaan Tanah Ulayat dalam Perspektif Hukum Adat Agraria

Muchamad Masrur
ALADALAH Jurnal Politik Sosial Hukum dan Humaniora
Land Rights and Reforms
article

Pengelolaan Tanah Ulayat dalam Perspektif Hukum Adat Agraria

Muchamad Masrur
article en

Abstract

Customary land is vital to the lives of customary law communities, as it relates not only to land ownership and usage but also plays a role in social, economic, cultural, and religious aspects. In practice, the management of customary land involves indigenous communities and customary institutions, as well as decision-making and dispute-resolution processes that evolve within the community. This study aims to gather and synthesize research findings on customary land management from the perspective of agrarian customary law, focusing specifically on aspects of tenure, usage, protection, customary institutions, and dispute resolution. The study employs a Systematic Literature Review (SLR) method, involving an organized and systematic process of searching for, selecting, extracting, and compiling literature. Primary sources were selected from articles directly addressing customary land, customary law systems, land usage, customary land protection, customary institutions, and conflicts related to customary land. The synthesis reveals that customary land management is typically a collective community effort, deeply intertwined with the existence of indigenous communities and their customary institutions. Land utilization aims not merely for economic gain but also serves social, cultural, and religious interests. Protecting customary land entails clearly defining the territory, recording data, mapping, ensuring community participation, and maintaining the functional capacity of customary institutions. Deliberation, mediation, and customary mechanisms are frequently identified as the prevailing patterns for resolving conflicts. The study also highlights certain limitations, specifically a prevalence of case studies focused on particular areas and a scarcity of comparative research regarding customary land management models across different regions.

ALADALAH Jurnal Politik Sosial Hukum dan Humaniora
Openalex Percentile: Top 14%
Land Rights and Reforms
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