LAND POSSESSION RIGHTS AND ITS AFFAIR

• Main Author: I Made Suwitra
• Format: Article
• Language: English
• Published: Magister Ilmu Hukum Universitas Mataram 2014-12-01
• Series: Jurnal IUS
• Online Access: http://jurnalius.ac.id/ojs/index.php/jurnalIUS/article/view/180

Land right control under customary law that was communal religious in nature tend to control in<br />secular individual manner despite being controlled by the customary law. Land right registration<br />is motivated more by intention to transfer the land right. These two conditions may result in<br />conflict and affect the conflict settlement. The land right registration in the context of Agrarian<br />Law can unintentionally result in conflict due to ignorance of the process in the customary law,<br />or the land right is controlled using the ownership pattern as of Agrarian Law context. The<br />settlement of such conflict can be done through non-litigation or litigation manner, but litigation<br />is preferred since it is considered to give legal certainty.<br />Key word: Land Tenure, Conflict Implication