Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law

Widiyono, Try; Khan, Md Zubair Kasem

doi:10.14710/lr.v19i1.48393

Cited by 6 publications

(3 citation statements)

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“…Informed by a thorough literature review, this paper delves into various scholarly works, legal documents, and reports relevant to land law and policy in Indonesia. (Widiyono & Khan, 2023). 5. International Perspectives and Comparative Analyses: The literature review concludes by considering international perspectives and comparative analyses of land acquisition policies.…”

Section: Literature Reviewmentioning

confidence: 99%

“…However, the implementation of these policies often faces various obstacles and challenges, both from a technical and social perspective. In this article, we will carry out an in-depth analysis of the reconstruction process of land acquisition and compensation policies from the perspective of the value of justice in Indonesian land law (Widiyono & Khan, 2023). Through this research, it is hoped that various challenges, obstacles and solutions that can be implemented to increase the protection of land owners' rights and achieve true justice in the process of land acquisition for the public interest in Indonesia can be revealed, and it is hoped that concrete steps can be taken to formulate policies that are more inclusive, transparent and fair for all parties involved .…”

Section: Introductionmentioning

confidence: 99%

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Reconstructing Land Acquisition and Compensation Policies for the Public Interest: Perspective on the Value of Justice in Indonesian Land Law

Rohmat,

Rohmatika

2024

Pancasila Int. J. Appl. Soc. Sci.

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This article discusses the reconstruction of land acquisition and compensation policies for the public interest from the perspective of the value of justice in the context of Indonesian land law. The research method used is qualitative, using literature study and document analysis as data sources. This approach allows for a deep understanding of the dynamics and challenges in land acquisition and compensation to affected land owners. In the context of policy reconstruction, this article analyzes the steps required, including identification of needs, evaluation of existing policies, and formulation of new policies or updating existing policies. Factors influencing the policy reconstruction process are also studied in depth, including political, economic, social, cultural and legal dynamics. In addition, this article highlights the mechanism for land acquisition for public purposes and the process of compensation to affected land owners. In this context, the perspective of justice values becomes the main focus, by evaluating ethical, moral aspects and principles of justice in providing compensation to land owners. This research is expected to provide an important contribution to understanding the importance of justice in the reconstruction of land acquisition and compensation policies for the public interest in Indonesia

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Section: Literature Reviewmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Reconstructing Land Acquisition and Compensation Policies for the Public Interest: Perspective on the Value of Justice in Indonesian Land Law

Rohmat,

Rohmatika

2024

Pancasila Int. J. Appl. Soc. Sci.

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“…Unfortunately, the demographic and ethnographic potential of indigenous peoples in the Southeast Asia region is being hindered by the rapid growth of globalization and industrialization of oil palm and mining industries. Investors' pressures for industrial purposes have been made to secure land acquisitions (Widiyono & Khan, 2023). Most of the forests in the Southeast Asia region are home to tens of millions of indigenous peoples whose existence is guaranteed under the country's constitution and international covenant (Colchester, 2011).…”

Section: Introductionmentioning

confidence: 99%

The legal protection system of indigenous peoples in Southeast Asia

Aditya,

Al-Fatih

2023

LJIH

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Globalization has a bad impact on the indigenous peoples in Southeast Asia countries. The demands of globalization have led the governments in Southeast Asia countries to exploit and industrialize indigenous regions excessively, resulting in marginalized indigenous peoples and the threat of extinction. Not intended for the benefit and welfare of indigenous peoples, the policy made by the government in several Southeast Asia countries did much to reduce the value of humanity and the rights of indigenous peoples. Even with rapid industrialization in Southeast Asia countries, many indigenous peoples are poor, left far behind, and illiterate due to isolation from the outside world. This paper aims to analyze the legal protection of indigenous people in Southeast Asia, especially in facing digital age. By normative juridical method, this paper found that the government and developers' exploitation of indigenous peoples in the region has always been laden with conflicts between the government, the developers (economic motive), and indigenous peoples, and such conflicts of interest are usually won by the interests of the government and/or developers. Indigenous peoples' right to sue for damages caused is sometimes hampered with difficulty simply because the government holds powerful and dominant standing in courts. Moreover, most countries in the Southeast Asia region does not have customary courts in their judicial institution.

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Legal Policy on the Use of Heir Certificates (SKAW) for Registration of Land Rights Transfers in Indonesia

Silviana,

Fuadi

2023

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One of the requirements for the process of changing names in the transfer of land rights due to inheritance is to be proven by a Certificate of Heirship (SKAW). As a result of the pluralism of the civil law system in Indonesia, land policy in processing land registration due to inheritance requires the SKAW to be made by three institutions; the SKAW made by the Village Head/ Lurah and Authentic Deed by Notary, and the SKAW from the Inheritance Property Center for each population group is different. The enactment of the Population Law has eliminated racial discrimination in population classifications, leaving only Indonesian citizens and foreigners. This article aims to understand land law policies related to the making of SKAW after the Population Law and its legal force. The approach used to analyze the problem was a doctrinal approach using secondary data through legal materials. The results of the analysis show that the Indonesia's land law policy in implementing land registration due to inheritance after the Population Law no longer requires the creation of the SKAW according to population classification. It has an impact on the legal force of each SKAW legal product made by three officials, which is a binding legal product as a condition for registering land rights due to inheritance and can be used as evidence in court trials.

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Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law

Cited by 6 publications

References 48 publications

Reconstructing Land Acquisition and Compensation Policies for the Public Interest: Perspective on the Value of Justice in Indonesian Land Law

Reconstructing Land Acquisition and Compensation Policies for the Public Interest: Perspective on the Value of Justice in Indonesian Land Law

The legal protection system of indigenous peoples in Southeast Asia

Legal Policy on the Use of Heir Certificates (SKAW) for Registration of Land Rights Transfers in Indonesia

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