Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia

Research Article

Implementation of Basic Agrarian Law No. 5/1960 in Indigenous Land Disputes in Malinau District

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  • @INPROCEEDINGS{10.4108/eai.6-3-2021.2306466,
        author={Nugroho  Setyawan and Evita Isretno Israhadi},
        title={Implementation of Basic Agrarian Law No. 5/1960 in Indigenous Land Disputes in Malinau District },
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE  2021, March 6th 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2021},
        month={5},
        keywords={dispute; basic agrarian law; indigenous land},
        doi={10.4108/eai.6-3-2021.2306466}
    }
    
  • Nugroho Setyawan
    Evita Isretno Israhadi
    Year: 2021
    Implementation of Basic Agrarian Law No. 5/1960 in Indigenous Land Disputes in Malinau District
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-3-2021.2306466
Nugroho Setyawan1,*, Evita Isretno Israhadi1
  • 1: Borobudur University
*Contact email: nugrohosetiawan750@gmail.com

Abstract

This paper discusses the issue of land disputes between the two tribes who inhabit the area in the Malinau Regency. The Tidung and Lundayeh Dayak tribes often intersect over customary lands that they claim to belong to. Through a normative approach, by extracting literature data and field data, the results show that the implementation of the Basic Agrarian Law Number 5 of 1960 has not been fully able to cover and become a solution for customary land disputes in Malinau. The understanding of the apparatus that has not fully mastered the main issues of agrarian law is one of the causes of constrained implementation. Good reinterpretation and redistribution are needed to implement the Basic Agrarian Law as a solution to customary land disputes in Indonesian territory.