Political Differences between Western Land Law and National Land Law

  • I Ketut Oka Setiawan
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  • I Ketut Oka Setiawan

    Professor at Magister of Notary, Pancasila University, Indonesia.

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Based on the State's territory, ethnicity, religion, culture, and other factors, the differences in the politics of western land law and national land law are clearly shown. The domein verklaring principle is used in western land law, whereas the communal religious concept is used in national land law, which permits individual land tenure with private land rights and includes components of togetherness. Given that it is a political product, the two land laws discussed contain human rights, legal certainty, and justice, along with other components. However, if adopted, it causes undesirable consequences, such as when domein verklaring is used and customary land becomes State land. In this case, it is not the domein norm that is wrong, but rather the domein norm user is used as a tool to achieve the colonial State's goals, because the domein's media is not fully translated. Similarly, if the requirements for the recognition of customary rights are not understood properly and honestly, it may be assumed that there is still a dualism of land law in Indonesia; customary land law and national land law.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 26 - 37

DOI: https://doij.org/10.10000/IJLMH.113060

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