The Conception of the Social Function Principle of Land Rights in Customary Law as the Foundation of National Land Law

Article 5 of the Basic Agrarian Law (UUPA) affirms that customary law constitutes the primary foundation of national land law in Indonesia. Nevertheless, the diversity of customary legal systems existing within Indonesian society, each possessing distinct characteristics, including feudalistic and capitalistic elements, necessitates certain limitations on their application. For this reason, the UUPA only recognizes customary law that is compatible with national and state interests, supports national unity, is consistent with the principles of Indonesian socialism, and does not contradict the provisions of the UUPA or other prevailing laws and regulations. In establishing the framework of national land law, the UUPA selectively adopts the concepts, principles, and legal institutions derived from customary law that are considered relevant to its objectives. One important concept incorporated into national land law is the principle of the social function of land rights. This principle represents one of the fundamental principles underlying national land law, alongside the principles of nationality, the state’s right to control land, and the recognition of customary rights. Accordingly, a deeper understanding of the concept of the social function of land rights within Indonesian customary law is essential to ensure its conformity with the principles and standards established by the UUPA.