Religious Communal Concept of Customary Land Law in the Establishment of National Land Law and Its Application

Abstract

The religious communal concept implies that land is believed to be a gift from God Almighty and is a joint property of customary law communities, which allows for private and collective land tenure. The concept of customary law is used as the main source in the formation of national land law in the fields of conception, system, principles, and legal institutions. Because the national land law regulated in Law No. 5 of 1960 is of a fundamental nature, its application needs to be completed using the same concept and guided by, among other things, filtered customary law, prohibition of conflict with national interests, etc.