The Force of Legal Regard to Traditional Land When Certified Through PPAT

Abstract

Customary land occupies a unique position in the Indonesian land law system because customary law is established as the basis for national land law through Article 5 of Law Number 5 of 1960 concerning Basic Agrarian Principles. In practice, customary land is often certified as private property without prior release of customary rights, thus raising issues regarding the validity of the certificates issued and the responsibility of the Land Deed Officials who process them. This study aims to determine, examine, and analyze the existence of customary law in the national land law system, the legal consequences of the issuance of Ownership Certificates for customary land by PPAT without prior release of customary rights, and the extent to which customary law still has legal force over certified customary land. The approach used is normative juridical with analytical descriptive research specifications. The data sources used are secondary data, including primary legal materials, secondary le