The Essence of Indigenous Land Release for Investment Interests

The aims of the study were to investigate to what extent the essence of waiver of costumary land in Merauke Regency and to investigate to what extent the release of customary land can provide legal certainty for investors. The research was conducted in Merauke, West Papua Privince. The techniques of obtaining the data were interview and field observations. The data consisted of primary and secondary data. They were analyzed using qualitative analysis.The results of the research indicate that the waiver of customary land is the claim of the existence of indigenous people as a condition of the transfer of land rights in Papua Province especially in Merauke Regancy. The release of customary land for investors benefit in Merauke Regency does not provide legal certainty for investors, so it causes the conflict of land affair. The conflict occurs due to the overlapping of tenure or claim by some tribes over the land rights and land boundaries which are not clear because they are natural boundaries.

Download Full-text

Settling with Indigenous People: Modern Treaty and Agreement-Making

Public Space The Journal of Law and Social Justice ◽

10.5130/psjlsj.v2i0.882 ◽

2008 ◽

Vol 2 ◽

Author(s):

Thalia Anthony

Keyword(s):

Indigenous People ◽

Land Rights ◽

Land Claims ◽

Political Climate ◽

Third Way ◽

Native Title ◽

Land Access ◽

Customary Rights ◽

Indigenous Land Rights ◽

Indigenous Land

Negotiating Indigenous land rights has become known as the new third way. It is the alternative to native title claims and claims under land rights legislation. Negotiation of land and other customary rights is a source of empowerment in a contemporary political climate that is otherwise paternalistic. It allows Indigenous people to be involved in setting the terms of land claims in terms of compensation, land access, native title rights, conservation and even governance rights. Already, over 3000 voluntary negotiations have led to settled outcomes with governments, mining companies and other stakeholders

Download Full-text

PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota)

UNES Law Review ◽

10.31933/unesrev.v3i1.144 ◽

2020 ◽

Vol 3 (1) ◽

pp. 40-54

Author(s):

Donald Andrean

Keyword(s):

Task Force ◽

Legal Protection ◽

Secondary Data ◽

Land Rights ◽

Field Studies ◽

Primary Data ◽

Legal Certainty ◽

Land Registration ◽

City District ◽

The Government

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

Download Full-text

CULTURAL IMPLICATIONS OF DAYAK TOMUN INDIGENOUS PEOPLES IN THE MANAGEMENT LAND RIGHTS: A CASE STUDY OF LAMANDAU, CENTRAL KALIMANTAN, INDONESIA

Humanities & Social Sciences Reviews ◽

10.18510/hssr.2020.8452 ◽

2020 ◽

Vol 8 (4) ◽

pp. 530-536

Author(s):

Achmadi ◽

Khudzaifah Dimyati ◽

Absori ◽

Arief Budiono

Keyword(s):

Indigenous People ◽

Research Method ◽

Local Community ◽

Land Rights ◽

Human Interactions ◽

Management Procedures ◽

Cultural Implications ◽

Symbolic Reality ◽

The Government ◽

Customary Land

Purpose of the study: This research aimed at highlighting the cultural implications in the context of the Dayak Tomun community in maintaining the management of land rights based on the customary in Lamandau, Indonesia. Methodology: This study used a quantitative doctrinal research method to look at the macro problems in legislation products and a qualitative non-doctrinal research method to look at the problems conceptualized at the level of microanalysis as a symbolic reality. Main Findings: This research revealed that the cultural approach perspective of the local indigenous people had an important role in the management of land rights. This study discovered the procedures for managing the people's customary land rights, which were simple and based on the local wisdom of the local community, which implied a philosophical meaning of belom behadat (living in traditions, obeying customs), human nature in protecting the realm from destruction. Applications of this study: The findings of this study may be useful for the government in Indonesia since the findings reveal information as regards the management of land rights viewed from not only the rules and laws, but also a form of behavior, actions, and actual and potential human interactions that will be patterned in the management of land rights of Dayak Tomun indigenous people. The cultural implications of the Dayak Tomun indigenous people in managing local land rights based on local wisdom are sacred. Novelty: Indigenous people's background has management procedures, which can be seen from the characteristics of traditional lands, such as the presence of planting and family tree. Meanwhile, the term in the management of land rights is a hereditary habit and contains legal values derived from beliefs (religion), customs, and social culture.

Download Full-text

Resistance and counter hegemony of Ma'ya tribe to bureaucratic hegemony practices in Raja Ampat, West Papua

International Journal of Linguistics Literature and Culture ◽

10.21744/ijllc.v7n3.1476 ◽

2021 ◽

Vol 7 (3) ◽

Author(s):

George Mentansan ◽

Phil I Ketut Ardhana ◽

I Nyoman Suarka ◽

I Nyoman Dhana

Keyword(s):

Data Collection ◽

Land Rights ◽

Marine Conservation ◽

Conservation Areas ◽

Conservation Area ◽

West Papua ◽

Qualitative Descriptive ◽

Customary Land ◽

Depth Interviews ◽

Descriptive Method

The establishment of a regional marine conservation area in Raja Ampat is a hegemonic practice carried out by the Raja Ampat bureaucracy with conservation NGOs, such as TNC and CI which has reaped various responses. There are people who accept the presence of conservation areas and those who do not. Therefore, this study aims to reveal the resistance and counter-hegemony responses of the Ma'ya tribe in the conservation area to the practice of bureaucratic hegemony in Raja Ampat, West Papua. The research was conducted using a qualitative descriptive method. Data collection by observation, in-depth interviews, FGD and documentation, and the results of the research are presented in a descriptive narrative. The results of the study show that the resistance of the Ma'ya tribe in Raja Ampat to bureaucratic hegemony in the conservation area is through blocking and taking over the monitoring post of the conservation area; prosecution of customary land rights, and reluctance to involve themselves in conservation activities. Counter-hegemony practices are carried out through the formation of customary fishing areas and the struggle for the establishment of regional regulations regarding the rights of indigenous Ma'ya tribes.

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

Kepastian Hukum Pemegang Hak atas Tanah dalam Sistem Hukum Pertanahan di Indonesia

Jurnal Preferensi Hukum ◽

10.22225/jph.2.3.4013.560-563 ◽

2021 ◽

Vol 2 (3) ◽

pp. 560-563

Author(s):

I Made Citra Gada Kumara ◽

I Ketut Kasta Arya Wijaya ◽

Luh Putu Suryani

Keyword(s):

Secondary Data ◽

Land Rights ◽

Legal Issues ◽

Legal Certainty ◽

Descriptive Data ◽

Law System ◽

Analysis Technique ◽

Physical Information ◽

Secondary Data Sources ◽

The Right

Land rights certificates still face the possibility of lawsuits from other parties who feel they have rights to the land, so that if it can be legally proven that he is the real owner, the land rights certificate can be canceled. The purpose of this study is to determine the legal certainty of land rights holders in the land law system in Indonesia and the government's efforts to provide legal certainty to land rights holders. The type of research used in this research is normative legal research. Sources of data used are primary and secondary data sources. The technique of collecting legal materials is done by recording, studying and reading legal doctrines related to the legal issues under study. The legal material analysis technique used to process the legal material obtained is by using analytical descriptive data analysis. The results of the study indicate that the evidentiary strength of a certificate of land rights owned by the right holder is basically guaranteed by law because it is written clearly about the types of rights, physical information regarding the land, the burden on the land and legal events that are interconnected with the land. then the data is considered correct

Download Full-text

Penetapan Wilayah Adat dan Masyarakat Hukum Adat Desa Penyengat Kecamatan Sungai Apit Kabupaten Siak

Jurnal Hukum Respublica ◽

10.31849/respublica.v19i2.5671 ◽

2020 ◽

Vol 19 (2) ◽

pp. 12-28

Author(s):

Wahyu Damon Prakoso

Keyword(s):

Data Collection ◽

Literature Review ◽

Indigenous People ◽

Indigenous Peoples ◽

Secondary Data ◽

Customary Law ◽

Primary Data ◽

Data Source ◽

Customary Land

The problem that occurs is how the indigenous people of swamps interpret the lack of management territory, the loss of livelihood resources and organize themselves to seize opportunities for management rights. The problem of customary land and indigenous peoples above, the researchers felt the need to study more deeply on the Determination of Indigenous Areas and Customary Law Communities in Penyengat Village, Sungai Apit Subdistrict, Siak Regency, Based on the Minister of Home Affairs Regulation No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Peoples. This type of research is sociological, so the data source used is primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Data collection techniques are done by observation, interviews, and literature review.

Download Full-text

KEDUDUKAN SERTIFIKAT HAK ATAS TANAH SEBAGAI JAMINAN KEBENDAAN BERDASARKAN UNDANG-UNDANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH

Jurnal Privat Law ◽

10.20961/privat.v8i1.40367 ◽

2020 ◽

Vol 8 (1) ◽

pp. 57

Author(s):

Bayu Setiawan Hendri Putra ◽

Arief Suryono

Keyword(s):

Legal Protection ◽

Secondary Data ◽

Land Rights ◽

Legal Certainty ◽

Legal Research ◽

Analysis Techniques ◽

Land Title ◽

Strong Position ◽

Agrarian Law ◽

The Right

Abstract This article aims to find out the position and legal protection of holders of land title certificates as a material guarantee. This normative legal research is prescriptive and applied. The types and sources of material for this study include primary legal materials and secondary legal materials. Data collection techniques used are literature studies or document studies. Data analysis techniques are carried out by examining research from literature studies or secondary data studies. The results of this study explain that the position of Land Rights as collateral is regulated in the Basic Agrarian Law which states that land rights can be used as collateral for debt by encumbering Mortgage Rights. Land rights that can be used as Mortgage Rights objects must fulfill two elements, namely, must be registered with the Land Office and according to their nature must be transferable. Creditors have a strong position against collateral objects. Legal protection for the holder of the land rights certificate as a material guarantee if the debtor defaults, the creditor has the right to sell collateral for repayment of the receivables regulated in the Mortgage Right Act. The Mortgage Rights Act is a manifestation of the objectives of the Basic Agrarian Law in providing and guaranteeing legal certainty and legal protection in preventive and repressive forms. Keywords: Collateral; Mortgage Right; Legal Protection; Land RightAbstrak Artikel ini bertujuan untuk mengetahui kedudukan dan perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan. Penelitian hukum normatif ini bersifat preskriptif dan terapan. Jenis dan sumber bahan penelitian ini meliputi bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan data yang digunakan yaitu studi kepustakaan atau studi dokumen. Teknik analisis data dilakukan dengan cara mengkaji penelitian dari studi kepustakaan atau studi data sekunder. Hasil penelitian ini menjelaskan bahwa kedudukan Hak Atas Tanah sebagai jaminan diatur dalam UU Pokok Agraria yang menyatakan bahwa hak atas tanah dapat dijadikan jaminan utang dengan dibebani Hak Tanggungan. Hak Atas tanah yang dapat dijadikan obyek Hak Tanggungan harus memenuhi dua unsur yaitu, wajib didaftarkan pada Kantor Pertanahan dan menurut sifatnya harus dapat dipindah tangankan. Kreditur memiliki kedudukan yang kuat terhadap benda jaminan. Perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan apabila debitur wanprestasi, kreditur berhak menjual benda jaminan untuk pelunasan piutangnya yang diatur dalam UU Hak Tanggungan. UU Hak Tanggungan merupakan wujud dari tujuan UU Pokok Agraria dalam memberikan dan jaminan kepastian hukum dan perlindungan hukum dalam bentuk preventif dan represif. Kata Kunci: Jaminan; Hak Tanggungan; Perlindungan Hukum; Hak Atas Tanah

Download Full-text

REFORMA AGRARIA: MEMBANGUN ULANG RELASI NEGARA DAN MASYARAKAT ADAT MELALUI PENGAKUAN DAN PERLINDUNGAN MASYARAKAT ADAT

AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM ◽

10.29300/imr.v5i1.2915 ◽

2020 ◽

Vol 5 (1) ◽

pp. 29

Author(s):

JT Pareke

Keyword(s):

Local Government ◽

Indigenous People ◽

Indigenous Peoples ◽

Role Model ◽

Secondary Data ◽

Policy Options ◽

Legal Certainty ◽

Social Phenomena ◽

Politics Of Recognition ◽

Government Regulations

Abstract: This study aims to describe the efforts to reestablish the relations between the State and indigenous peoples in the protection of indigenous peoples. The benefits of this study are expected to be used by interested parties to formulate policy options in the protection of indigenous peoples through the establishment of Regional Regulations. This study uses a combination of empirical and normative juridical approaches. An empirical juridical approach is an approach used to view social phenomena related to law and its practice. Normative juridical approach is an approach that uses secondary data in the form of primary, secondary and tertiary legal materials. The results of this study show that: First, As long as there are no laws that specifically regulate indigenous peoples, the regulation of indigenous peoples through Government Regulations and Regional Regulations can be justified to fill the legal vacuum to ensure fair legal certainty; Second, the legal product of Lebong Regency Regional Regulation No. 4 of 2017 concerning to Recognition and Protection of Rejang Indigenous Peoples in Lebong Regency, and Rejang Lebong Regency Regional Regulation No. 5 of 2018 concerning to Recognition and Protection of Indigenous Peoples in Rejang Lebong Regency is a role model of how local government efforts in reestablish state and indigenous peoples relations to solve structural agrarian problems by recognizing territories along with traditional rights of Rejang indigenous peoples through legal politics of recognition and the protection of indigenous peoples by establishing regional regulations. Keywords: Agrarian Reform; Relations; State; Indigenous People;

Download Full-text

Land Assurance Process Execution Property Rights Of Indigenous Which Still In The Application Process Rights Used As Credit Guarantee

Jurnal Akta ◽

10.30659/akta.v5i3.3179 ◽

2018 ◽

Vol 5 (3) ◽

pp. 609

Author(s):

Daniel Budi Hardwianto ◽

Akhmad Khisni

Keyword(s):

Property Rights ◽

Secondary Data ◽

Legal Certainty ◽

Application Process ◽

Credit Guarantee ◽

Credit Guarantees ◽

Process Execution ◽

Assurance Process ◽

Indigenous Property Rights ◽

Indigenous Land

This study examines the weaknesses in the execution process guarantee of property rights of indigenous land is a wedge legal certainty between Debtor and Creditor. The study also describes some of the views that aims to provide a solution to a process execution guarantee of property rights of indigenous land is still in the process of increasing the rights as loan collateral. This study uses normative juridical research method, namely the use of library materials or secondary data as the basis for research related to the Security Law, Contract Law and Land Law, as well as interviews with several parties. This study is a study that aims to find the problems as a result of activities or programs that have been implemented or may be called as a research Prescriptive. Credit Guarantees of property rights in land there is very risky because there is no umbrella law on which the creditor to carry out the execution process if the Borrower defaults, so it is necessary rigor in the process of granting the Credit Guarantee. Indigenous land rights certainly has weaknesses in its status because it has not been registered at the land office. With the weakness and absence umbrella clear laws that, it needed the additional requirements of the creditors if it wants to receive Guarantee Credit in the form of land property rights of indigenous in order to guarantee legal certainty in the execution process guarantees, one of the solutions that can be taken is to increase the land status become ownership Right.Keywords: Excecution Land Security; Indigenous Property Rights; The Application Rights; Credit Guarantees.

Download Full-text