KEDUDUKAN TANAH ULAYAT DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

Authors

  • Aulia Mardhiyah FH Bung Hatta
  • Maiyestati FH Bung Hatta

Keywords:

Tanah Ulayat, Agraria, Konstitusi

Abstract

Land is one of the resources which is the need and interest of all people, legal entities and or development sectors, therefore land needs to be regulated through policies and laws that are appropriate, consistent and fair. Due to its multidimensional nature and full of issues of justice, the problem of acquiring land seems to never subside. Conflicts as a result of the transfer of land rights can occur over land that was originally controlled according to customary law and then converted according to the BAL. 2) Position of Ulayat Land based on Legislation Number 12 of 2022 ?. This type of research uses normative juridical. The data sources used are primary and secondary data. The collection technique used is library research. Data analysis is qualitative. The results of the research and discussion: 1) Ulayat rights in the UUPA are regulated in Article 3 which states:“Bearing in mind the provisions in Articles 1 and 2, the implementation of customary rights and similar rights of customary law communities, as long as in reality they still exist. 2) As a result of the legal effect of the copyright law on customary land, they lose their rights to the forest as a natural resource for their lives, including their traditional rights, so that customary law communities experience difficulties in meeting their needs from the forest as their source

References

A. BUKU-BUKU

Andhika Yuli Rimbawan, 2020, Omnibus Law Dan Dampaknya Pada Agraria Dan Lingkungan Hidup, Jurnal Hukum Tata Negara, Vol.6 No.2

Koentjaningrat, 2001, Kebudayaan Mentalitas dan Pembangunan, PT. Gramedia Pustaka Utama, Jakarta

Maiyestati, 2022, Hukum Agraria, Bahan Ajar, Padang

B. PERATURAN PERUNDANG-UNDANGAN

Undang-Undang Republik Indonesia Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria

Undang-Undang Republik Indonesia Nomor 11 Tahun 2020 Tentang Cipta Kerja.

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Published

2023-02-28

Issue

Section

Executive Summary