Ilomata International Journal of Social Science
Vol. 5 No. 1 (2024): January

Land Rights and Legislation: Uncovering the Veil of Property Law in Indonesia

Basri (Unknown)



Article Info

Publish Date
25 Jan 2024

Abstract

This study examines the complex terrain of property rights in Indonesia, revealing gaps, historical trends, legislative impact, and theoretical insights. The method used is qualitative. Legal writings (constitutions, statutes, commentaries), court decisions, policy papers, and historical records relating to property and land rights law in Indonesia were considered as the primary research sources. Data were analysed using triangulation and N-Vivo. The results show that modern property law is the result of historical developments characterised by post-independence changes and colonial legacies. A careful balance is required to address the challenges posed by the encroachment of economic interests on legislative provisions intended to protect people's rights. The results show that modern property law is the result of historical developments characterized by post-independence changes and colonial legacies. A careful balance is required to address the challenges posed by the encroachment of economic interests on legislative provisions intended to protect people's rights. The weaknesses and contradictions found in the legislative framework highlight the need for flexible solutions to meet the changing demands of society. The intersection between Islamic law, state law and customary law is best understood through the lens of legal pluralism theory. The consequences for marginalized groups highlight the urgency to prioritize their rights, which requires community engagement and participatory legal reform. The theoretical implications of legal pluralism support it as an analytical instrument, and the comparative analysis places Indonesia in a global context and offers suggestions for useful policy responses. The study concludes by recommending a flexible legal framework, international cooperation, and further investigation to support a more inclusive and egalitarian understanding of land rights in Indonesia.

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Journal Info

Abbrev

ijss

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Other

Description

FOCUS Ilomata International Journal of Social Science aims to provide information on both theoretical and empirical articles and case studies relating to sociology, political science, history, law in society and related disciplines. Published articles use scientific research methods, including ...