The Contemporary Indonesia Agrarian Law: A Transformative Model of Legal Pluralism

DOI

10.2991/978-2-38476-505-8_11How to use a DOI?

Keywords

agrarian law; legal pluralism; legal transformative model; transformative legal pluralism

Abstract

The Basic Agrarian Law (UUPA) of 1960 was enacted to rectify pluralistic nature of colonial agrarian law by establishing a legal framework that based on customary law (adat law) and aims to unify the diverse legal identities across Indonesia. The integration of customary law (hukum adat) into Indonesian agrarian law has significantly influenced the national legal identity, reflecting a complex interplay between adat law and modern legal principles. This integration is not merely a legal necessity but also a cultural imperative that seeks to preserve and promote the unique social fabric of Indonesian society. However, these attempts seem to create long-lasting disputes in agrarian resource management and customary land dispossession due to increased economic development. The protection of customary (adat) land is essential, overlay restrictive policies could hinder foreign investment, which is crucial for development. In 2023, Indonesian government enacted a controversial law on Job Creation (Omnibus Law) attempted to accelerate foreign investment by introducing several new legal institutions including a land bank, a right of management over vast land to non-government institution including private company, more freedom for foreigner to own property in Indonesia, and long-term land rights and lease. These new legal provisions create a tension with the Basic Agrarian Law 1960. The article discusses the current contestation of new land policy. It was argued that there needs a transformative process to facilitate evolutionary changes to promote equitable agrarian resource management.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Daryono
AU  - Antarin Prasanthi Sigit
PY  - 2025
DA  - 2025/12/12
TI  - The Contemporary Indonesia Agrarian Law: A Transformative Model of Legal Pluralism
BT  - Proceedings of the 7th Open Society Conference 2025 (OSC 2025)
PB  - Atlantis Press
SP  - 125
EP  - 135
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-505-8_11
DO  - 10.2991/978-2-38476-505-8_11
ID  - 2025
ER  -