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VOL. 7, ISSUE 2 (2025)
Legal power of “Dati” land ownership rights related to land ownership certificates (Based on justice theory perspective)
Authors
Josian Kakisina, Adonia Ivonne Laturette, Novyta Uktolseja
Abstract
The position of land in the national legal
system is important so that its existence must be guaranteed and protected.
Guaranteeing what is meant is the existence of legal certainty for land rights
holders, both in the form of ownership rights and customary rights or land
rights owned by Indigenous Peoples. In Law No. 5 of 1960 concerning Basic
Agrarian Principles, it regulates land ownership rights based on land ownership
certificates (SHM) and land ownership rights based on customary rights or what
is called land land. In terms of land ownership, SHM has stronger legal
certainty compared to land land, but in reality SHM on land has weak legal force
compared to land land ownership so that it is canceled by the court. This study
aims to Study and analyze the Legal Force of Land Ownership Rights against
state land ownership certificates. The research method used is normative
juridical, using a statutory regulatory, conceptual and legal principle
approach. Land has legal
force in indigenous communities, but in the national legal system, its legal
status is often weak if not registered. Certificates of Ownership that have
been issued can be canceled if they are proven to violate customary rights or
issued without legal procedures.
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Pages:97-103
How to cite this article:
Josian Kakisina, Adonia Ivonne Laturette, Novyta Uktolseja "Legal power of “Dati” land ownership rights related to land ownership certificates (Based on justice theory perspective)". International Journal of Law, Policy and Social Review, Vol 7, Issue 2, 2025, Pages 97-103
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