Legal Analysis of the Sultan Grant Existence as Evidence of Ownership to the Land

DOI

10.2991/assehr.k.200306.216How to use a DOI?

Keywords

Grant Sultan, evidence of ownership

Abstract

Before the implementation of the Basic Agrarian Law, in Indonesia, the dualism of the land law had been applied, in addition to the establishment of the Customary Land Law. On the one hand, the so-called Western Land Law was implemented (known as the old right)). Many problems are related to the evidence of land ownership originating from the old rights (customary rights) on land with the status of Grant Sultan are prone to disputes/conflicts, both the disputes against individuals and group disputes with legitimate Grant Sultan holders. Grant Sultan lands owned by the indigenous peoples in the past till to date, many are controlled by the community without the support of written evidence, in a long time, even hereditary, and there have been traded by wrongful owner (Grant Sultan’s holder). To avoid various problems concerning Grant Sultan’s land rights and to provide legal certainty, by Law Number 5 of 1960, concerning Basic Regulations on Agrarian Principles, is mandatory for Grant Sultan holders to register their land through conversion provisions. This research used the sociological juridical method. Besides examining the positive legal aspects, and legislation that supports the conversion of land rights with the status of Grant Sultan, field research was also conducted. Research Results: 1) the law orders to carry out the conversion of lands with the status of old rights are not optimally conducted by Sultan Grant holders, 2) many of Grant Sultan’s lands are controlled by illegal owners, some have even moved to other owner or being sold, 3) due to the location of Grant Sultan’s land spreading over several locations, it is difficult to identify.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Zaidar
AU  - Muhammad Yamin
AU  - Chairul Bariah
PY  - 2020
DA  - 2020/03/13
TI  - Legal Analysis of the Sultan Grant Existence as Evidence of Ownership to the Land
BT  - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
PB  - Atlantis Press
SP  - 215
EP  - 219
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200306.216
DO  - 10.2991/assehr.k.200306.216
ID  - 2020
ER  -