Customary Land Disputes from the Perspective of National Agrarian Law: A Literature Review

Authors

  • Ayu Chairun Nisa

Abstract

ABSTRACT

Customary land disputes in Indonesia are a complex issue that reflects the imbalance between the national legal system and the reality of customary law that exists within the community. Although the Basic Agrarian Law (UUPA) recognizes the customary rights of customary law communities, this recognition has not been accompanied by legal certainty and administrative protection. This study aims to analyze the legal status of customary land, the mechanism for proving land rights without certificates, and the challenges in implementing policies related to customary land protection. The method used is a literature review of primary and secondary legal sources, including the latest regulations and research results from the last five years. The results show that much customary land does not have a clear legal status due to the lack of official recognition from local governments. Furthermore, the evidentiary process in court still prioritizes formal evidence, which makes it difficult for indigenous communities to defend their rights due to the lack of legal documents. Regulations such as the Minister of ATR/BPN Regulation No. 18 of 2019 have provided direction for the administration of customary land, but their implementation has not been optimal due to limited bureaucratic capacity, weak inter-institutional coordination, and a lack of participatory mapping. The conclusion of this study confirms that legal protection for customary land requires accelerated formal recognition by the government, simplification of the customary land registration system, reform of the evidentiary mechanism, and integration of customary law into the national legal system. Regular evaluation of existing policies is also necessary to ensure their implementation truly benefits indigenous communities. This study recommends synergy between the state and indigenous communities in realizing sustainable agrarian justice.

Keywords: Customary Land, Agrarian Disputes, Customary Rights, Customary Law, Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency No. 18 of 2019, Legal Certainty

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Published

2025-09-23

Issue

Vol. 3 No. 1 (2025): RESTORATIVE JOURNAL

Section

Articles

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