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Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Fitri Wahyu Anggraini; Della Rahmayani; Robith Thoriq Al-kautsar

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the intersection of citizenship and land tenure, examining how legal frameworks influence access to land and impact social identities within agrarian contexts. Employing doctrinal legal research, this research synthesizes literature and analyzes primary legal sources to uncover the principles governing land rights as they relate to citizenship status. The study utilizes a combination of statutory, case, conceptual, historical, and comparative approaches to provide a comprehensive view of land tenure systems across different regions and cultures. Findings indicate that citizenship status significantly affects land ownership and tenure security, often marginalizing certain groups such as women, indigenous communities, and non-citizens. The results underscore the need for legal reforms that recognize equitable land rights and address social disparities within land governance frameworks. This research contributes to the ongoing discourse on agrarian law, advocating for policies that prioritize social justice and inclusivity, thereby enhancing sustainable development and resource management.Keywords: agrarian law, land ownership rights, citizenship dynamics, Indonesian citizens, legal framework.  

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Hamim sirojuddin Al Manshur; Annisa Sandy Hudha; Suci Ariyanti

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the role of citizenship as a legal instrument in the resolution of transnational agrarian disputes, which often involve more than one country and raise complex legal issues. The study focuses on three countries, namely Indonesia, Brazil and South Africa, to understand how citizenship affects land ownership and dispute resolution mechanisms. The research method used is a qualitative approach, with interviews, secondary data analysis, and legal policy evaluation. The results show that citizenship plays an important role in determining land rights and influencing the course of dispute resolution. In this context, alignment of national legal frameworks with international legal standards, as well as increased cooperation between countries, is necessary to create more effective and equitable transnational agrarian dispute resolution. This research provides novelty in identifying the importance of legal harmonization and international collaboration in addressing transnational disputes.