PERKEMBANGAN PENGATURAN TANAH ADAT DI INDONESIA

Abstract

Before the enactment of Law Number 5 of 1960 concerning Agrarian Principles (UUPA) in Indonesia, several land law systems were applied. The colonial government with its land law and customary law communities through the basis of customary land law. Customary land laws adjust the area's location, each region has its customary land law. Several indigenous peoples in the Indonesian region have strong relationships and are the basis of the national land law system. The basis for implementing land law in Indonesia follows the provisions of agrarian law as the parent of land and natural resources law. Agrarian law regulates the earth, water, space, and natural resources contained in it, including land that is part of the earth's surface. Based on Article 5 of the UUPA, it is stated that national agrarian law is based on customary law. The formulation of the problem in this study is how the development of customary land law arrangements in Indonesia. The purpose of this study is to find out the development of customary law arrangements in Indonesia. The research method used in this study is a normative legal research method. The results of this study reveal that customary rights in Indonesia have been regulated in the explanation of the UUPA, but have not been expressly regulated.