UNIFIKASI DALAM PLURALISME HUKUM TANAH DI INDONESIA (REKONSTRUKSI KONSEP UNIFIKASI DALAM UUPA)
ABSTRACT: After the
enforcement of The Basic Agrarian Law, land law in
Indonesia has the character of
unification, meaning that only one land
law applied that is national land law.
Enforcing one particular land law at
various society as in Indonesia, can
generate injustice. Therefore, the
Decision Of People Consultative
Assembly Number of IX/MPR/2001
Section 4 letter c opens the
opportunity of pluralism in unification
sounding: Respecting law
supremacy by accommodating varieties in law unification. What is meant by
" varieties in law unification"
is not clarified. According to the writer, the meaning of varieties in unification specially
land law is : enforcing adjacently two peripheral laws that is, national
land law applied all over Indonesia
regions and local adat land law. In areas having customary rights, adat law
is fully applied adat law, but in areas
without customary rights, national land law is use instead.
Keyword: unification, law
pluralism
Penulis: MUHAMMAD BAKRI
Kode Jurnal: jphukumdd080140
