Elfira Zahwa Octavia, Mohammad Hamidi Masykur, Moh Fadil
This study examined the legal protection afforded to holders of written evidence of former customary land ownership in Indonesia, particularly in the context of Article 96(2) of Government Regulation No. 18 of 2021 “On the Management Rights, Land Rights, and Land Registration”, which renders such documents invalid after five years. The provision raises significant concerns regarding legal certainty and the constitutional rights of Indigenous communities. Employing a normative juridical method and a conceptual approach, the study analysed the tension between state-imposed administrative requirements and the historically rooted recognition of land ownership under customary law. The findings indicated that the sudden invalidation of traditional land documents without transitional mechanisms creates legal exclusion and deepens structural inequality, particularly among rural and Indigenous populations with limited access to legal resources. The analysis demonstrated that such a policy undermines the principles of procedural fairness, legitimate expectations, and the protection of property rights as guaranteed by the 1945 Constitution of Indonesia and international human rights instruments. The study argued for a rights-based and restorative framework to ensure transitional legal protection and the recognition of non-formal evidence rooted in Indigenous traditions. This approach is essential for aligning agrarian policy with justice, inclusivity, and constitutional obligations © 2025, The Author(s).
Brawijaya University, 169 Jl. MT Haryono, Malang, 65145, Indonesia
