The Basis of Evidence for Land Rights in Agrarian Law Based on UUPA In the View of Legal Philosophy (Law Philosophy Course Assignment)

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.