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The Problem of State Land Regulation in Indonesia and Comparison of Its Regulation with Malaysia

In: Proceedings of the 2022 Brawijaya International Conference (BIC 2022)

Author

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  • Iwan Permadi

    (Brawijaya University, Faculty of Law)

Abstract

In the national land law system, all land and other natural resources are controlled by the state. The concept of the right to control the state actually comes from the concept of customary law which was carried out by the indigenous people before the formation of Indonesia as a state. Customary law prioritizes public interests over individual interests. Therefore, customary law still prioritizes the principle of protecting the public interest. However, in reality, customary land management policies are carried out sporadically and are not integrated in a system. It cannot be denied that the national defense policy still inherits the colonial defense policy which prioritizes land management in order to exploit natural resources in Indonesia.

Suggested Citation

  • Iwan Permadi, 2023. "The Problem of State Land Regulation in Indonesia and Comparison of Its Regulation with Malaysia," Advances in Economics, Business and Management Research, in: Yusfan Adeputera Yusran & Femiana Gapsari Madhi Fitri & Titin Andri Wihastuti & Fajar Ari Nugroho & (ed.), Proceedings of the 2022 Brawijaya International Conference (BIC 2022), pages 352-361, Springer.
    • Handle: RePEc:spr:advbcp:978-94-6463-140-1_35
    DOI: 10.2991/978-94-6463-140-1_35
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