Legal Certainty of Ownership and Transfer of Rights to Alternate Rice Field Land in Kerinci Regency
DOI:
https://doi.org/10.38035/jlph.v5i4.1653Keywords:
Legal Certainty, Transfer of Land Rights, Rice FieldsAbstract
The Kerinci indigenous people apply a system of land tenure of alternate rice fields that are inherited matrilineally. However, this system faces obstacles in legal certainty, especially related to the transfer of rights and land registration. This study aims to analyze the pattern of control, legal certainty, and dispute resolution mechanism in the system. The method used is empirical juridical with an analytical descriptive approach. The results show that although the rotational rice field system is still in effect, the absence of ownership certificates hinders legal certainty, while dispute resolution still relies on customary institutions. Harmonization of customary law and agrarian law is needed to improve legal protection for the Kerinci indigenous people.
References
Asikin, Zainal. 2012. Introduction to Indonesian Legal System. Jakarta: Rajawali Press.
ATR/BPN. 2024. Regulation of the Minister of ATR/Head of BPN Number 14 of 2024 concerning the Implementation of Land Administration and Land Registration of Customary Rights of Customary Law Communities.
Busroh, Firman Freaddy. 2017. "Social Mediation in Resolving Conflicts on Indigenous Peoples' Land in Indonesia". Lex Journal Jurnalica, 14(1): 1-10.
Dasa Prima, M. Trianda. 2022. Analysis of the Causes of Community Failure to Certify Alternate Rice Field Land in the Complete Systematic Land Registration Program (PTSL): A Case Study of Kerinci Regency, Jambi Province. Jakarta: University of Indonesia.
Diantha, I. Made Pasek. 2016. Legal Research Methodology in Legal Theory Justification. Jakarta: Kencana.
Idris, Isran, et al. 2018. "Land Tenure Pattern in Rotation in the Perspective of Agrarian Law". Journal of Law, University of Jambi, 1(2): 247-260.
Jauhari, Budhi Vrihaspathi & Eka Putra, Depati. 2012. List of Cultural History of the Kerinci Tribe. Sungai Full-Kerinci: Bina Pontensia Aditya Mahatva Yodha.
Mertokusumo, Sudikno. 2012. Introduction to Law. Jakarta: Rajawali Press.
Regulation of the Minister of ATR/Head of BPN Number 14 of 2024 concerning the Implementation of Land Administration and Land Registration of Customary Rights of Customary Law Communities.
Prima, M. Trianda Dasa. 2022. Analysis of the Causes of Community Failure to Certify Alternate Rice Field Land in the Complete Systematic Land Registration Program (PTSL): A Case Study of Kerinci Regency, Jambi Province. Jakarta: University of Indonesia.
Rafisrul & Ajisman. 2015. Minangkabau and Kerinci: Cultural Relations and Kinship Systems. Padang: Cultural Value Preservation Center.
Sugiyono. 2013. Educational Research Methods (Quantitative, Qualitative and R&D Approaches). Bandung: Alfabeta.
Sunggono, Bambang. 2016. Legal Research Methodology. Jakarta: Rajawali Press.
Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles.
Yulia. 2016. Customary Law. Aceh: Unimal Press.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Qurratul Aini, M.Hasbi, Syofiarti
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish their manuscripts in this journal agree to the following conditions:
- The copyright on each article belongs to the author(s).
- The author acknowledges that the Journal of Law, Poliitic and Humanities (JLPH) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0).
- Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Journal of Law, Poliitic and Humanities (JLPH).
