Pemberian Hak Guna Usaha di Atas Tanah Hak Komunal Menurut Hukum Pertanahan di Indonesia

The granting of Communal Rights Certificates is done according to Article 18 of the MATR / KBPN regulation No. 10/2016, if it has been decided that by the Governor, the Regent / Mayor in that place there are indeed indigenous peoples, the Officer will report to the Ministry of National Land Agency (hereinafter abbreviated as BPN) so that it is not changed and the registration of Communal Rights for the land contained therein in that area. This study aims to determine the mechanism for granting communal land rights certificates for customary law associations and also to identify tenure rights with communal rights based on agrarian arrangements. This research is a normative legal research with a statutory approach and analysis approach and legal concepts. The results of this study indicate that the Decree of the Minister of Land said that if the results of the research there were indigenous peoples and their land, the inauguration of the indigenous peoples was decided by the ministry of MATR / BPN of the region to determine and register communal rights over their land in the region's BPN. The communal rights being applied for will be issued in the future the communal rights certificate of the customary law community. After the Communal Rights Certificate is issued from the BPN on behalf of the customary community, the use and use can be cooperated with a third party, in this case if there is a party who is applying for a Cultivation Right on the communal right, then the customary law community may negotiate with the applicant, in order to get the same benefits. The conclusion is that the mechanism for granting communal land rights certificates to customary law associations starts from the report of the customary head to the Regent / Mayor and the granting of Building Use Rights on Communal Rights land is allowed as long as Communal Rights as long as the customary community wants to relinquish these rights or exchange with other land.

Download Full-text

Strategi Penyelesaian Pendaftaran Tanah Hak Komunal Masyarakat Hukum Adat Pandumaan-Sipituhuta

Tunas Agraria ◽

10.31292/jta.v2i1.17 ◽

2019 ◽

Vol 2 (1) ◽

pp. 45-69

Author(s):

Ardi Saputra Sinaga ◽

Julius Sembiring ◽

Sukayadi Sukayadi

Keyword(s):

Indigenous Peoples ◽

Research Method ◽

Legal Status ◽

Land Rights ◽

Customary Law ◽

Legal Certainty ◽

Land Registration ◽

Communal Land ◽

Community Strategy ◽

Land Control

Abstract: Environment and Forestry Ministry established the reserve incense forest of the Pan-dumaan-Sipituhuta Customary Law Community as a customary forest. But in reality, it has not been guaranteed legal certainty regarding the existence and recognition of the rights of the Pan-dumaan-Sipituhuta Customary Law Community. The objective of this research is to know the le-gal status of Indigenous Peoples forest in Pandumaan-Sipituhuta Customary Law at this time, strategy of the land registration of communal right settlement, and constraint and effort done in the land registration of communal right settlement of Pandumaan-Sipituhuta Customary Law Community. This research uses qualitative research method with empirical juridical research form. Based on the results of the study showed that the legal status of the Indigenous Forests of Pandumaan-Sipituhuta Customary Law Society is currently reserved as customary forest of Pan-dumaan-Sipituhuta Customary Law Community. Strategy for resolving communal rights land registration in the incense forest of the Pandumaan-Sipituhuta Customary Law Community through four stages. First, recognition of the existence of the Pandumaan-Sipituhuta Customary Law Community. Secondly, the establishment of customary forests of the Pandumaan-Sipituhuta Customary Law Community by Environment and Forestry Ministry. Third, the Settlement of Land Control in Forest Areas is carried out in accordance with Presidential Regulation Number 88 of 2017 by issuing customary forests of the Pandumaan-Sipituhuta Customary Law Community from forest areas. Fourth, registration of communal land rights of Pandumaan-Sipituhuta Custom-ary Law Community.Keywords: strategy, communal rights, customary forestsIntisari: Kementerian Lingkungan Hidup dan Kehutanan (KLHK) menetapkan pencadangan hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta sebagai hutan adat. Tetapi kenyataannya, keadaan tersebut hingga saat ini dinilai belum menjamin kepastian hukum akan keberadaan dan pengakuan hak Masyarakat Hukum Adat Pandumaan-Sipituhuta. Tujuan dari penelitian ini untuk menjelaskan bagaimana strategi penyelesaian pendaftaran tanah hak komunal hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan yuridis empiris. Berdasarkan hasil penelitian menunjukan bahwa status hukum hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta saat ini dicadangkan sebagai hutan adat. Strategi penyelesaian pendaftaran tanah hak komunal hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta melalui empat tahapan. Pertama, pengakuan keberadaan Masyarakat Hukum Adat Pandumaan-Sipituhuta. Kedua, penetapan hutan adat Masyarakat Hukum Adat Pandumaan-Sipituhuta oleh KLHK. Ketiga, dilakukan Penyelesaian Penguasaan Tanah dalam Kawasan Hutan sesuai dengan Peraturan Presiden Nomor 88 Tahun 2017dengan cara mengeluarkan hutan adat Masyarakat Hukum Adat Pandumaan-Sipituhuta dari kawasan hutan. Keempat, pendaftaran tanah hak komunal Masyarakat Hukum Adat Pandumaan-Sipituhuta.Kata Kunci : strategi, hak komunal, hutan adat

Download Full-text

HAK KOMUNAL ATAS TANAH SEBAGAI HAK ATAS TANAH DESA PAKRAMAN DI BALI

VYAVAHARA DUTA ◽

10.25078/vd.v13i2.682 ◽

2019 ◽

Vol 13 (2) ◽

pp. 9

Author(s):

Made Oka Cahyadi Wiguna

Keyword(s):

Social Interaction ◽

Indigenous Peoples ◽

Legal Protection ◽

Land Rights ◽

Customary Law ◽

Law System ◽

Village Leader ◽

Communal Land ◽

The Subject ◽

The Government

The government has indeed provided legal protection and certainty to indigenous peoples regarding their ulayat lands, through a Ministerial Regulation. However, it needs to be studied more deeply about the concept of communal rights to land and Pakraman village as the subject of communal rights holders on land. Communal rights to land are conceptualized as models of land rights that have just been raised in the national land law system. The consequence is that indigenous and tribal peoples as communal rights holders are authorized to use and benefit from their communal land. Pakraman village qualifies as a subject of communal rights to land because Pakraman village in Bali is classified into the community of the community, has a system of customary government referred to as the traditional prajuru led by a customary village leader. Then Pakraman village has a legal area called the Palemahan Pakraman village. As an instrument that regulates the life and social interaction of the community, awig-awig is the customary law of the community in a Pakraman village in Bali.

Download Full-text

The Land Rights of Indigenous Peoples: Revaluation of Papua Special Autonomy

Hasanuddin Law Review ◽

10.20956/halrev.v3i1.1047 ◽

2017 ◽

Vol 3 (1) ◽

pp. 77

Author(s):

Eddy Pelupessy

Keyword(s):

Indigenous Peoples ◽

Land Rights ◽

Customary Law ◽

Communal Land ◽

National Legal System ◽

Forest Law ◽

Customary Rights ◽

Mining Law ◽

The Government ◽

Indigenous Land

The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoples’ rights to land in various legal products is still ambivalent. The essence of protection of indigenous peoples’ rights to land is also clearly regulated in Act No. 21 of 2001 and Perdasus No. 23 of 2008 has put customary law community on ownership of communal land is not the object of development, especially in the field of investment. The customary right and indigenous land which is the property and become an authority on indigenous peoples must be recognized by the government and regional and national communities about its presence. Therefore, the government should strive to protect the customary right through regulation of the Ministry of Agrarian and Land Agency and other laws related to the issue of customary rights, customary lands, indigenous peoples and their authority.

Download Full-text

PERLINDUNGAN HUKUM BAGI TANAH ULAYAT MASYARAKAT ADAT KESULTANAN DELI AKIBAT NASIONALISASI NV DELI MAATSCHAPPIJ [Legal Protection of the Communal Land Rights of the Deli Sultanate due to the Nationalization of NV Deli Maatschaapij]

Law Review ◽

10.19166/lr.v20i1.2401 ◽

2020 ◽

Vol 20 (1) ◽

pp. 46

Author(s):

Jeremy Aidianto Naibaho ◽

Bambang Daru Nugroho ◽

Yusuf Saepul Zamil

Keyword(s):

Indigenous Peoples ◽

Legal Protection ◽

Land Rights ◽

Library Research ◽

National Economic ◽

Communal Land ◽

The Government ◽

Plantation Company ◽

Customary Land ◽

The Impact

Abstract Nationalization of a Dutch-owned plantation company, NV Deli Maatschappij, was an attempt by the government to improve national economic situation. However, during the process, communal land which was concessioned to the plantation, was also nationalized and not given compensation by the government which resulted the indigenous people of Deli Sultanate losing their customary land. The former plantation land was converted to Cultivation Rights and handed over to the State Plantation Company This problem led to a prolonged conflict over ownership of the former estate. The purpose of this study is to determine the validity of the nationalization process carried out by Indonesian government on the existence of indigenous peoples’ customary land rights and obtain settlement of customary land rights of indigenous peoples as the impact on nationalization. Furthermore, this research is normative legal research (library research) with a statutory approach (statue approach). Keywords: Nationalization, Communal Land, Compensation Abstrak Proses nasionalisasi Perusahaan Perkebunan milik Belanda, yaitu NV Deli Maatschappij adalah upaya pemerintah untuk memperbaiki perekonomian Negara. Namun dalam pelaksanaannya tanah ulayat yang dikonsesikan kepada perkebunan juga ikut ternasionalisasi dan tidak diberikan ganti kerugian oleh pemerintah yang berakibat Masyarakat Adat Kesultanan Deli kehilangan tanah ulayatnya. Tanah bekas perkebunan diubah menjadi Hak Guna Usaha dan diserahkan kepada Perusahaan Perkebunan Negara. Hal ini menimbulkan konflik berkepanjangan tentang kepemilikan tanah bekas perkebunan tersebut. Penelitian ini merupakan penelitian hukum normatif (library research) dengan pendekatan undang-undang (statue approach). Tujuan penelitian ini adalah untuk menilai keabsahan proses nasionalisasi yang dilakukan oleh pemerintah Indonesia terhadap eksistensi hak ulayat Masyarakat Adat dan memperoleh penyelesaian sengketa tanah ulayat Masyarakat Adat sebagai dampak atas nasionalisasi. Kata Kunci: Nasionalisasi, Tanah Ulayat, Ganti Rugi

Download Full-text

PENYELESAIAN SENGKETA TANAH ULAYAT YANG TELAH BERSERTIFIKAT BERDASARKAN HUKUM ADAT MALIND-ANIM

Arena Hukum ◽

10.21776/ub.arenahukum.2021.01401.8 ◽

2021 ◽

Vol 14 (1) ◽

pp. 150-166

Author(s):

Ahmad Muddin ◽

◽

Hardianto Djanggih

Keyword(s):

Dispute Resolution ◽

Land Rights ◽

Customary Law ◽

Legal Certainty ◽

Legal Research ◽

Land Dispute ◽

Traditional Institutions ◽

Customary Land

Abstract This study aims to analyze dispute resolution, the dispute resolution approach that guarantees legal certainty and examine the factors that influence the construction of the settlement of land rights of the customary community of Malind-Amin. This normative and empirical legal research is analized descriptively and analytically. The results shows that the nature of customary land dispute with customary law can be resolved through positive legal mechanisms and customary law mechanisms, while dispute resolution on disputed objects that have certificates based on the release of traditional institutions through mediation, synchronization / harmonization of laws and the making of local regulations. However, efforts to resolve this have experienced various factors of internal and external obstacles.

Download Full-text

PERBUATAN HUKUM SANKSI ADAT PENYAMIL DI DESA PAKRAMAN TANGGAHAN PEKEN, DESA SULAHAN, KECAMATAN SUSUT, KABUPATEN BANGLI

VYAVAHARA DUTA ◽

10.25078/vd.v14i2.1241 ◽

2020 ◽

Vol 14 (2) ◽

pp. 27

Author(s):

Ni Made Radha Rani Devi ◽

I Made Suta

Keyword(s):

Data Collection ◽

Indigenous Peoples ◽

Customary Law ◽

Human Relations ◽

Literature Study ◽

Legal Research ◽

Study Techniques ◽

The Village ◽

Formulation Of Problems ◽

Holy Place

Bali Customary Law is a law or regulation written with unwritten conditions that contain commands and prohibitions for the behavior of indigenous peoples in matters governed by human relations with God, human relations with the environment, and human relations with humans, which in Bali is known as dialogue Tri Hita Karana. The imposition of traditional sanctions is a way to restore balance or neutralize the shock caused by traditional violations that have taken place in the Pakraman village environment. Such as the imposition of the Penyamil Customary Sanction which was handed down because the community committed acts that violated the existing provisions in Desa Pakraman Tanggahan Peken. Based on this, the issues discussed in this study include: What legal actions can be imposed by the Penyamil Customary Sanction in Pakraman Tanggahan Peken Village, Sulahan Village, Susut District, Bangli Regency? The problems that arise are examined using the theory of validity and effectiveness of the law in dissecting the formulation of problems regarding legal actions that can be subject to Penyamil Customary Sanctions in the Village of Pakraman Tanggahan Peken, Sulahan Village, Susut District, Bangli Regency. Data collection in this study used interview techniques, literature study techniques, questionnaire distribution and observation. In this study, the type of research used is a type of empirical legal research. Penyamil Customary Penalty Occurrence in Desa Pakraman Tanggahan Peken due to harsh/dirty words and misbehavior in a holy place or in a village meeting, and because of this error a person who is violated is subject to Penyamil Customary Sanction which can be in the form of financial penalties or Maprayascita fines , depending on the mistakes made. The factors that influence the occurrence of violations of the Penyamil Customary Sanction due to community ignorance, emotional, and developments in the current era of globalization.

Download Full-text

Moronene Indigenous Recognition and Protection Regulation Hukaea Laea in Bombana County

Jurnal Hukum Volkgeist ◽

10.35326/volkgeist.v5i2.1203 ◽

2021 ◽

Vol 5 (2) ◽

pp. 160-166

Author(s):

Bakri Sulaiman

Keyword(s):

Indigenous Peoples ◽

National Park ◽

Customary Law ◽

Legal Research ◽

The Status ◽

The Law ◽

Park Area ◽

Customary Land

Regulations on the Recognition and Protection of Customary Law Communities are not always effective. This study was to determine the concept of recognition and protection of the Customary Law Community in Rawa Aopa Watumohai National Park. This research is a normative legal research. The results of the research are First, the law still provides conditional recognition of indigenous peoples, which limits their space. second, that the recognition and protection of the customary MHA of Moronene Hukaea Laea in Bombana Regency has not been maximized. They have received recognition and protection through a recognition of perda, but their customary territory still has the status of designating a National Park Area, so they cannot use it as customary land.

Download Full-text

IMPLIKASI HUKUM PEMBEBANAN HAK TANGGUNGAN ATAS TANAH HAK GUNA BANGUNAN DI ATAS TANAH HAK PENGELOLAAN YANG IJIN PEMANFAATAN TANAHNYA DICABUT OLEH GUBERNUR

Acta Comitas ◽

10.24843/ac.2016.v01.i02.p12 ◽

2016 ◽

Author(s):

A.A.Ayu Ray Saraswati ◽

I Dewa Gede Atmadja ◽

I Nyoman Suyatna

Keyword(s):

Legal Status ◽

Descriptive Analysis ◽

Land Rights ◽

Provincial Government ◽

Third Party ◽

Land Utilization ◽

Normative Study ◽

Secured Debt ◽

Title Problem ◽

Legal Concepts

Governor as the head of the province has the authority to regulate the allocation and use of assets held by the provincial government, including land management rights. The purpose of management rights titled land is to be given to a third party. This provision is based on the Decree of the Governor in form of land utilization permit. Furthermore, over that given land, the rights of land can be applied above it, for example Building Right Title. Problem that occur is if the Governor as concessionaires strip the utilization permit that has been granted, as in the case of Management Rights Titled Land No.2 with the Building Right Title Land No. 80 on behalf of PT. Abdi Persada Nusantara in Kesiman Petilan Village, Denpasar. What about the legal status of land rights that existed on the management rights titled land and the legal consequences of the burdening the liability right to management rights titled land after the revocation of the land utilization permit. This type of research in this thesis is a normative legal research, the research that seek answers by examining the problems of legal materials and the use of primary and secondary theoretical foundation as one of the characteristics of a normative study. The approach used in this study is the Regulation Approach, Legal Concepts Analysis Approach and the Case Approach, furthermore the discussion done by descriptive analysis way by describing and analyzing the results obtained from the legal materials, systematically arranged so that the conclusion can be obtained. Result of study of the prooblems studied is the legal status of land rights on management rights titled land that it’s utilization permit has been stripped by the concessionaires became abolished. Abolishment of the land rights led to liability rights does not lead to the abolishment of the secured debt. Receivables creditors still there, but no longer as claims that guaranteed specifically by the special position of the creditor (lender preferred)

Download Full-text

International Law, Indigenous Land Rights, and Israel

Emptied Lands ◽

10.11126/stanford/9781503603585.003.0009 ◽

2018 ◽

Author(s):

Alexandre Kedar ◽

Ahmad Amara ◽

Oren Yiftachel

Keyword(s):

United Nations ◽

International Law ◽

Indigenous Peoples ◽

Legal Protection ◽

Land Rights ◽

Customary Law ◽

International Labor ◽

Legal Perspective ◽

The Status ◽

United Nations Declaration

This chapter explores the development of international law on indigeneity. It reviews the legal protections endowed by key documents, such as International Labor Organizations Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The chapter also provides a short comparative legal perspective on land rights of indigenous peoples which helps to situate the Israeli case within other settler colonial situations and to address the status of the relevant international legislation and norms. It concludes that several components of the UNDRIP have gained a status of international customary law, and hence with growing relevance to Israeli jurisprudence and to the Bedouins. The chapter ends by addressing the question of indigenous peoples’ rights in Israeli law and how Israeli basic laws should expand to incorporate the legal protection of the Bedouins.

Download Full-text

PENYALAHGUNAAN PEMBERIAN KUASA UNTUK MENJUAL DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) OLEH PENERIMA KUASA (CONTOH KASUS : PUTUSAN MAHKAMAH AGUNG NOMOR 1846/K/PDT/2017)

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i1.5262 ◽

2019 ◽

Vol 2 (1) ◽

pp. 817

Author(s):

Livia Cindy Ariella ◽

Endang Pandamdari

Keyword(s):

Research Methods ◽

Legal Protection ◽

Land Rights ◽

Customary Law ◽

Power Of Attorney ◽

Legal Research ◽

Absolute Power ◽

Land Sale

A sale and purchase agreement is one of the most frequently made agreements. One of the most traded objects is land. According to customary law, land sale and purchase is a legal act of transferring land rights. The legal act of sale and purchase is carried out by a land deed official who has the authority to make a sale and purchase deed. Sometimes, the sale and purchase deed cannot be made because there are conditions that have not been fulfilled, so the parties first make a preliminary agreement called the binding sale and purchase agreement. Usually, the binding sale and purchase agreement is followed by power of attorney to sell. The formulation of the problem in this thesis is whether the inclusion of the power of attorney to sell is permissible, and if the recipient of the power of attorney misuses the power, what form of legal protection can be given to the authorizer. The author uses normative legal research methods that are supported by interviews to answer these problems. The inclusion of a power of attorney to sell within the binding sale and purchase agreement is permitted as long as it is not an absolute power that is prohibited by law. Legal protection that can be given to the authorizer is divided into two forms: preventive protection, a legal protection aimed at preventing the occurrence of disputes, and repressive protection, a protection that serves to resolve in the event of a dispute.

Download Full-text