Murniati, Dwi (2025) Konsep Pengakuan dan Perlindungan Hak Atas Tanah Bagi Masyarakat Hukum Adat Berdasarkan Teori Lingkar Konsentris. Masters thesis, Universitas Islam Riau.

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Abstract

Religion, law, and the state are three components that play a role in realizing justice and welfare for indigenous legal communities. Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and the Basic Agrarian Law state that the state recognizes customary law and land ownership for indigenous legal communities, however, in the years 2023-2024, there are still 638,188 hectares of agrarian conflicts that deprive indigenous legal communities of their land rights in Indonesia. Based on the problems above, the author conducts research by raising two formulations of problems, that are how the concept of recognition and protection of land rights for customary law communities in Indonesia, and how the recognition and protection of land rights for customary law communities in Indonesia is examined based on its suitability with the concentric circle theory in realizing justice and welfare. The concentric circle theory is a theory that explains the close relationship between religion, law, and the state. The type of this thesis research is normative research with theoretical, legal, and conceptual approaches. The research tracing technique is conducted through literature study, legal theory analysis, legal analysis of regulations, and other reliable sources. The results of this research indicate that the recognition and protection of land rights for indigenous law communities in Indonesia are carried out based on the 1945 Constitution of the Republic of Indonesia, laws, and ministerial regulations. However, the implementation of these regulations has not been optimal, resulting in many conflicts over communal land. Due to the inadequacy among the three components in the concentric circle theory (religion, law, and state), justice and welfare for indigenous law communities have not been realized. The suggestion that can be made is to enhance the role of regional governments, University, and customary institution to actively recognize and protect land rights for indigenous law communities based on Minister of ATR/BPN Regulation Number 14 of 2024 concerning the Administration of Land Management and Registration of Customary Community Land Rights.

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