ADAT LAW

FUNCTIONS TO

DEVELOP OF

NATIONAL LAND LAWBagus Oktafian Abrianto

Framework

of thinking

Conciderations “berpendapat” point a in UUPA

that in connection with what is mentioned in the above

considerations it is necessary to have a national agrarian

law, which is based on adat law on land, which is simple

and guarantees legal certainty for all Indonesian people,

without ignoring elements that rely on religious law

Art. 5 UUPA

agrarian law that applies to earth, water and space is adat

law

The Question is ….

What is the relationship between adat land law and

national land law?

the relationship between customary law and national land

law

02

03

04

05

06

adat law serves as the main source in the development of national land law

The meaning of adat law is the original law of the indigenous people,

which is a law that lives in an unwritten form

As a major source in the development of national land law, adat law

undergoes purification or saneering

in the forming of national land law that is used as the main source is conception,

principles, legal institutions, which are then formulated into written legal norms

that are arranged according to the systematics of adat law.

The materials of the customary law are set forth in the legislation as written

law called UUPA

The relations between adat law and our national land law is a functional

relationship01

Conception of adat land lawInsert the title of your subtitle Here

Religious communalistic that allows individual land tenure with private land rights while

containing elements of togetherness

the location of the

religious element is the

ulayat right which is a gift

from God given to groups

that are indigenous

people.

Religious

The cumulative location

refers to the joint rights of

members of the adat law

community over their land

called ulayat rights.

Communalism

Where is religious communalism located?

COMMUNALISTIC RELIGIOUS

The religious

communalistic nature of

the adat law was upgraded

to national land law

1

in adat law, ulayat land is a land with

the adat law community concerned,

then in national land law, all land in

our country is land with the

Indonesian people who have united

as Indonesian nation (the Right of

the Nation) --- See Article 1

paragraph 1 UUPA

2

In the adat law community, it is

known that there is the right of

the adat head, as a adat law

official who has the authority to

manage, regulate and lead the

control, maintenance, allotment

and use of the common land.

4

the religious element of this

conception was appointed by the

statement that the earth, water

and space in Indonesia including

the natural wealth contained

therein was a gift from God

Almighty to the Indonesian

Nation. (see article 1 paragraph

2 of the UUPA)

3

Whereas in the national land law, the

earth, water and space and the

natural resources contained therein

are controlled by the state as an

organization of all Indonesian people.

(Article 2 of the LoGA)

5

So..!!

On the basis of the right to control

of the state, there are various types

of land rights that can be owned in

dividually or together (art. 4 UUPA)

01The legal principle is

recognized in national land law.

02The principle of horizontal

separation in adat law

Principles

in national

land law

Adat Law Intitution

A B C D E

fulfill

community

needs

Adapted to the

times

Institution for

buying and

selling land

Cash, real, and

clear

Certificate

Buy and Sell Land according to Adat Law

Legal action Cash

payment,

Real and

Clear Action

Certificate

made known

by Head of

Adat Law

Quality

improvement

of evidence in

national land

law

Proven by a

certificate

made by

PPAT

The essence

of buying and

selling that is

in adat law.

Systematics

of national

land law

• Systematics of tenure

rights over land) also

uses the systematics

of adat law.

Systematics of

land tenure rights

1. Ulayat right

2. Adat Head Right

3. The right of indigenous

people

National land law

hierarchy

1. National Rights

2. The right to control from the

state

3. Ownership rights over land

by individuals.

Adat rights if they are still in existence, they will still

be recognized and are in the order below the state's

right to control

Section BreakInsert the title of your subtitle Here

Other sources to develop

of National Land Law

In the development of

national land law other

sources are also needed

to complement what is

not yet in adat law.

So it is necessary to take

the source of foreign law

in order to enrich and

develop national land law

as long as the new

institution does not

conflict with Pancasila

and the 1945 Constitution

Some legal institutions are taken from foreign law

Land Registration

InstitutionMortgage right

InstitutionCultivation Right

(HGU)

Usage Building Right

(HGB)

Contents Contents Contents

Thank you