RECONSTRUCTION OF THE CONCEPT OF PROPERTY RIGHTS IN NATIONAL PROPERTY LAW: ANALYSIS OF COLLECTIVE OWNERSHIP AND CUSTOMARY LAND IN THE ERA OF AGRARIAN MODERNIZATION

Abstract

This article examines the fundamental reconstruction of property rights concepts within national property law frameworks, focusing specifically on the tension between collective ownership systems and customary land rights in the context of contemporary agrarian modernization. Through doctrinal analysis and comparative legal methodology, this research demonstrates that traditional property law paradigms, predominantly shaped by Western liberal individualism, prove inadequate for addressing the complex realities of collective and customary tenure systems prevalent in many developing nations. The study reveals that agrarian modernization policies, while promoting economic efficiency and agricultural productivity, frequently undermine indigenous land tenure systems and collective ownership mechanisms that have sustained rural communities for centuries. This research argues for a reconceptualization of property rights that transcends the conventional public-private dichotomy, proposing instead a pluralistic framework that recognizes the legitimacy and legal enforceability of collective and customary rights alongside statutory property regimes. The findings indicate that successful agrarian reform in the modern era requires legal systems to accommodate multiple, overlapping property claims and to develop innovative mechanisms for reconciling traditional land governance with contemporary economic imperatives. This article contributes to ongoing debates in property theory by demonstrating that the reconstruction of property rights concepts is not merely an academic exercise but a practical necessity for achieving sustainable development, social justice, and legal certainty in agrarian societies undergoing rapid transformation.