Evolution of Property Law in Indonesia

Abstract

This study examines the evolution of property law in Indonesia, from the colonial period to the modern era, with a focus on the influence of customary law and colonial law on the national legal system. Property law in Indonesia has gone through a long journey, influenced by the legal dualism between customary law which is communal in nature and Dutch colonial law which emphasizes individual ownership. After independence, efforts to integrate the two legal systems were made through the enactment of the Basic Agrarian Law (UUPA) Number 5 of 1960. However, although UUPA attempts to end legal dualism, its implementation still faces various challenges, including agrarian conflicts, legal uncertainty, and the influence of economic and political policies that are often inconsistent. This study also discusses the challenges in recognizing and protecting the rights of indigenous peoples, as well as reform efforts to strengthen the property legal system in Indonesia. The results of this study are expected to provide in-depth insight into the dynamics of property law in Indonesia and recommendations for future improvements.