FUNGSI HUKUM DAN LEGAL PLURALISM DI BIDANG AGRARIA

Abstract

The aims of this article are to analyze the function of agrarian law at the midst of legal pluralism between state law and indigenous law which prevail in indigenous community as well as the function of agrarian law in responding global legal pluralism. Based on analysis it is found that that in legal pluralism between state law and indigenous law, indigenous law can take role as a tool of social control which is reflection of such a community legal culture. In term of global legal pluralism in agrarian law, globalization must be filtered and adjusted to Pancasila value as margin of appreciation. If that law is according to justice and can bring development and prosperity to society, this law can be used as a tool of social engineering.