UDTR Global Rights of Nature Radar

Legal status of former customary land ownership evidence after its validity period expires: Assessment of the legal certainty over Indigenous peoples’ land rights

Identification

Public canonical key

doi:10.31548/law/3.2025.160

Authors

Elfira Zahwa Octavia · Mohammad Hamidi Masykur · Moh Fadil

Reported year

2025

Reported language

en

Source type

article

First detected

2026-11-09T19:17:40.296145+00:00

Last metadata observation

2026-11-09T19:17:40.296145+00:00

Last HTTP verification

Not checked

Institutions reported by the source

University of Brawijaya

Documentary abstract — original language

This study examined the legal protection afforded to holders of written evidence of former customary land ownership in Indonesia, particularly in the context of Article 96(2) of Government Regulation No. 18 of 2021 “On the Management Rights, Land Rights, and Land Registration”, which renders such documents invalid after five years. The provision raises significant concerns regarding legal certainty and the constitutional rights of Indigenous communities. Employing a normative juridical method and a conceptual approach, the study analysed the tension between state-imposed administrative requirements and the historically rooted recognition of land ownership under customary law. The findings indicated that the sudden invalidation of traditional land documents without transitional mechanisms creates legal exclusion and deepens structural inequality, particularly among rural and Indigenous populations with limited access to legal resources. The analysis demonstrated that such a policy undermines the principles of procedural fairness, legitimate expectations, and the protection of property rights as guaranteed by the 1945 Constitution of Indonesia and international human rights instruments. The study argued for a rights-based and restorative framework to ensure transitional legal protection and the recognition of non-formal evidence rooted in Indigenous traditions. This approach is essential for aligning agrarian policy with justice, inclusivity, and constitutional obligations

Identifiers

OPENALEX

W4415402059

DOI

10.31548/law/3.2025.160

Documentary context

Documentary family

Scholarship

Source-reported types

article

Jurisdictions studied — explicit sources

ID

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.31548/law/3.2025.160
• OpenAlex · https://openalex.org/W4415402059

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w2475595247 · CITES
• openalex:w2941056843 · CITES
• Community land formalization and company land acquisition procedures: A review of 33 procedures in 15 countries · CITES
• openalex:w3007583773 · CITES
• openalex:w3034034967 · CITES
• Removing the Veil from the ‘Rights of Nature’: The Dichotomy between First Nations Customary Rights and Environmental Legal Personhood · CITES
• openalex:w3191751607 · CITES
• openalex:w4200028576 · CITES
• openalex:w4224979558 · CITES
• openalex:w4295120396 · CITES
• openalex:w4361255985 · CITES
• openalex:w4388882484 · CITES
• openalex:w4389134133 · CITES
• openalex:w4402720992 · CITES
• openalex:w4404769976 · CITES
• openalex:w4405184228 · CITES
• openalex:w4407949129 · CITES
• openalex:w4408804183 · CITES
• Beyond Formality: Transforming FPIC into a Tool for Indigenous Empowerment · CITES

0 incoming references within the detected corpus

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.