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Ownership of Land: Legal Philosophy and Culture Analysis of Land Property Rights

  • Fokky Fuad
  • , Heriyono Tardjono
  • , Aris Machmud
  • , Nizla Rohayah
  • , Prosper Maguchu

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

Land stands as a fundamental aspect of human existence, serving as a cornerstone for meeting diverse needs and holding considerable economic significance. Its limited capacity often becomes a trigger for societal conflicts, spanning both vertical and horizontal dimensions. A well-crafted land policy holds the potential to foster community prosperity and ensure environmental sustainability. However, the imposition of state-driven evictions often leads to agrarian conflicts, undermining customary rights. This study examines the intricate relationship between land and humanity through the lenses of legal philosophy and the concept of land property rights within legal culture. Employing a formative juridical research approach, the authors aim to uncover a comprehensive human understanding rooted in philosophical perspectives, legal theory, dogmatic legal norms, and legal culture. From a philosophical standpoint, land represents a space where the spiritual connection between humans and their divine entities takes form. Furthermore, within the realm of legal culture, land is perceived as an integral part of the human essence, symbolizing the place of birth, growth, mortality, and final resting.
Original languageEnglish
Pages (from-to)98-116
Number of pages19
JournalJurnal Media Hukum
Volume30
Issue number2
Early online date26 Dec 2023
DOIs
Publication statusPublished - Dec 2023

Funding

We express our gratitude to Al-Azhar University Indonesia for their support in the creation of this article. Special thanks go to Sutrisno for his invaluable role as an English proofreader in this article.

Funders
Al-Azhar University Indonesia

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