The Basis of Evidence for Land Rights in Agrarian Law Based on UUPA In the View of Legal Philosophy (Law Philosophy Course Assignment)
DOI:
https://doi.org/10.30659/picldpw.v4i0.50219Keywords:
Land, Philosophy of Law, UUPA.Abstract
In Indonesia, the law of land plays a major role in shaping the legal landscape. Land is a primary source of livelihood and sustenance for individuals and communities, making it a fundamental human need. The belief in the immense value and usefulness of land for human life is deeply ingrained, leading to the inseparable connection between land and humans. Philosophy of law provides the perspective that justice is realized through law. Humans live, grow, and conduct their activities on land, which serves as a social symbol within society. Ownership of land signifies honor, pride, and personal success. Therefore, land ownership becomes a source of life, a symbol of identity, the right to honor and dignity for its holders. This necessitates the regulation of land registration as an implementation of ownership rights over land. Due to the economic value of land, land ownership rights can be traded or transferred through grants, sales, inheritance, and other means. Land ownership is the most privileged right compared to other land rights. The transfer of land rights contained and regulated in the Basic Agrarian Law (UUPA) protects the true right holders, meaning individuals who acquire a right in good faith from someone presumed to be the rightful owner. This principle is used to provide evidentiary weight to maps and public registers as stipulated in the UUPA. In this article, we will analyze land ownership rights under the UUPA.
References
Journals:
Bakir Bakir, "The Role of the Philosophy of Law in Lawmaking in Indonesia," AT-TURAS: Journal of Islamic Studies 4, no. 1 (2017): 58–68
Handayani, The Role of the Philosophy of Law in Realizing Justice, Jurnal Muara Ilmu Sosial, Humaniora, dan Seni, Vol. 2, No. 2, October 2018, pp. 721
Sulistio, M. (2020). Land Law Politics in Indonesia. Journal of Education and Development, Vol.8,(No.2),pp.105-105. https://doi.org/10.37081/ed.v8i2.1590
Syukur, M. (2020). Juridical Analysis of Ministerial Regulation No. 5 of 1999 Concerning the Existence of Customary Rights in National Agrarian Law. Dinamika: Jurnal Ilmiah Ilmu Hukum, Vol. 26, (No. 8), pp. 951-965. https://www.riset.unisma.ac.id/index.php/jdh/arti cle/view/5865
Yasa, Putu Gede Arya Sumerta., Sudiarawan, Kadek Aagus., Dwijayanthi, Putri Trijari., & Pranajaya, Made Dandy. (2021). Legal Politics of Land Rights Certification in The Indonesian Context: Between Agrarian Conflicts and Demands for Legal Certainty. International Journal of Criminology and Sociology, Vol.10, pp.897- 905.https://doi.org/10.6000/1929- 4409.2021.10.106.
Books:
Abdulkadir Muhammad, Law and Legal Research. 1st ed., PT. Citra Aditya Bakti, Bandung 2004.
Boedi Harsono, Indonesian Agrarian Law: History of the Formation of the Basic Agrarian Law, Djambatan, Jakarta. 2003.
Peter Gibson, Everything You Need to Know About Philosophy (Jakarta: Gramedia Pustaka Utama, 2020.
Romli Atmasamita, Integrative Legal Theory, Reconstruction of Development Law Theory and Progressive Law Theory, Yogyakarta: Genta Publishing, 2012.
Roscoe Pound, Introduction to the Philosophy of Law, translated by Mohamad Radjab, Jakarta: Bhatara Karya Aksara, 1982.
Satjipto Rahardjo, Legal Science, Citra Aditya Bakti, Bandung. 2000.
Teguh Prasetyo and Abdul Halim Barkatullah, Philosophy, Theory, & Legal Science: Thinking Towards a Just and Dignified Society (Depok: Raja Grafindo Persada, 2017.
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