Abstract
Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “ tanah ulayat ” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced with state law which is used by investors. So far, the Indonesian government has yet to have legal grounds in giving a directions for land dispute/conflict settlement mechanism. This paper attempts to give an input regarding a land dispute settlement mechanism that can be accepted for all disputing parties. The paper features critical analysis using legal pluralism approach towards related government policies and technical regulations in the ministerial level. These regulations, among others are, Minister of Agrarian Regulation No. 5 of 1999 on the Guidance for Dispute Settlement of Communal Land Rights, and Ministry of Agrarian and Spatial Affairs Regulation No. 9 of 2015 on Procedures of Appointment of Communal Land Rights for Adat Law Community and Communities Located in certain regions, also the draft of Law regarding Recognition and Protection of Adat Law Community.
Highlights
The growing development of plantation, agriculture, or other industries, exercised by the government or private sectors in the region, has increased the demands on land utilization
In the context of pluralism, the existence of the UUPM has created a latitude of interaction between the adat law society and modern society 14, where each party uses different legal systems in the same social field
Conditional recognition on the enforceability of hak ulayat can be understood if we review the social condition of the Indonesian people at the time of the UUPA enactment
Summary
The growing development of plantation, agriculture, or other industries, exercised by the government or private sectors in the region, has increased the demands on land utilization. The second sub-section, the cultural diversity of existing laws in the society will be explained in the perspective of legal pluralism, especially in land law pluralism This discussion is to show that the community have their own. Adat law that governs communal land to be managed and exploited by members from one generation onto the ; in the structure of other societies, especially in urban areas, the utilization of their land is subject to state law. The second discussion will be necessary to see if this time, the government has provided dispute resolution mechanisms in order to provide protection and legal certainty for both parties, adat law society and investors, or not. The third sub-section is discusses about the alternative dispute settlement of communal land rights of adat law society: win-win solution for both parties (investor and adat law society). The last is the fourth part that contains conclusions and suggestions
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