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   National Law Relations With Customary Law in the Establishing of Regulation OfThe Recognition of Indigenous Peoples Rights To the Land of Ulayat  
   
نویسنده Ardiansyah ,Sabardi Lalu ,Dwi Putro Widodo
منبع International Journal Of Multicultural And Multireligious Understanding - 2020 - دوره : 7 - شماره : 5 - صفحه:426 -434
چکیده    This study examines and analyzes the relation of state law with customary law and the regulationof the recognition of indigenous peoples rights to the land of ulayat. this type of research is normativelegal research using a statutory approach and a conceptual approach. the types and sources of legalmaterials in this study are primary legal materials, skunder law materials, and tertiary legal materials.collected legal materials are then analyzed using historical, systematics and authentic interpretations toconstruct arguments with deductive frameworks. state legal relations with customary law in the renewalof law in the field of agrarian and land has not been in accordance with the spirit of the nation's soul andphilosophy of customary law which is the basis of the establishment of national land law. theestablishment of legislation in the field of land has not demonstrated harmony in the regulations. theregulation on land rights determination only in the form of certificates issued by national land agency(hereinafter referred to as bpn) has not been as expected by the indigenous peoples, because the policyhas not set the protective mechanisms against the legal object of indigenous law communities. given thecommunal rights of customary law society is not to be likened to other land rights. this can be aminimum of horizontal and vertical resistance in the community, particularly in relation to customaryrights in ensuring the legal protection certainty of indigenous legal objects.
کلیدواژه Legal Relations ,Confession ,Land Ulayat
آدرس Mataram University, Faculty Of Law, Indonesia, Mataram University, Faculty Of Law, Indonesia, Mataram University, Faculty Of Law, Indonesia
 
     
   
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