Reconstructing Village Druwe Land Administration to Protect the Communal Land in Bali

The aim is to understand and analyze the approach of legal pluralism in the resolution of land rights disputes. The methodology of the research is normative and empirical juridical methods. The data are collected through primary and secondary legal materials. It conducts als interviews to relevant rerspondents. The data then analyze qualitative. The results of the research show that the existence of a diversity of legal systems (state law, customary law, religious law, and other customs) affects the object of customary land rights disputes in the customary law community Sentani Jayapura Regency Papua Province. The reasons for the choice of Sentani customary law community are: 1) sense of social justice because of the balance values based on the kinship legal system; 2) low cost and / or even no fees; 3) determined and fast trial is not convoluted; and 4) a sense of collective / social justice based on cosmic values not individual justice. The customary land rights disputes itself is determined by: a) patterns of ownership and control of communal customary land to be individual; b) land value from social value to economic value; c) tenuous family relations; d) differences in perceptions between the customary law community and the government of the concept of customary land rights; and e) the source of land disputes due to the history of origin, the system of land ownership and customary land boundaries is unclear because of the regional expansion, administrative boundaries and cultural boundaries at the level Yo kla, village/ Yo Khani, clan-owned lands/Khani Khoselo, service land/Khani Memokhoi, private land/Umbai Khani; f) inherited land, war land, magical land, service land, marital land, forfeit land; and g) historical land, Dutch land, leadership land, cultural customary land boundary to administration, land compensation. The form of dispute over customary land rights, such as 1) the concept of the legal substance of the object of the dispute, 2) the legal structure of the institution that has the function to resolve land tenure and land ownership disputes or land boundaries, 3) the mechanism or procedure in the court and other institutions that can resolve land tenure disputes, and 4) legal culture, legal substance and legal structure. Thus, the form of settlement of customary land disputes over the land of the Sentani customary community through two channels, namely: formal justice (litigation) and non-formal justice (non litigation). The reality is that the indigenous law communities of Sentani are more inclined to the non-litigation mechanism according to reasons of choice of law and sense of justice. Keywords: Legal Pluralism, Land Disputes, Customary Law Communities. DOI : 10.7176/JLPG/91-07 Publication date: November 30 th 2019

The fact that customary land is not included as an object of land registration in Government Regulation No. 24/1997 causes indigenous peoples' control over customary land not to be based on rights that can be proven in writing. This causes the rights of indigenous peoples over their customary land to be marginalised. Following up on this, the Government enacted Minister of Agrarian Affairs Regulation No. 9/2016 on Procedures for Determining Communal Rights to Land of Customary Law Communities and Communities in Certain Areas, which was later revoked and replaced by Minister of Agrarian Affairs and Spatial Planning Regulation No. 18/2019 on Procedures for Administration of Customary Land of Customary Law Communities. Initially, indigenous peoples' land tenure was based on communal rights, and then it was changed to be based on the administration of customary land rights. Therefore, it is necessary to know the scope and purpose of customary land administration and the difference with land registration to understand how to guarantee the legal certainty of the control rights of indigenous peoples over their customary land. This research is normative juridical type by using a legislative approach and analytical approach. The research results show that customary land is not ordered for registration in Government Regulation No. 24 of 1997 concerning Land Registration. The administration of customary land is to record customary land in the land registry book so that it differs from land registration. Recording customary land in the land registry book can minimise overlapping disputes between indigenous peoples and private parties.

Management rights are a form of authority granted by the state to certain parties to manage land. This authority is part of the state's power over land, which is partially transferred to the holder of management rights. Land that can be managed through this right can come from state land or customary land. One of the authorities of Management Rights over state land is the Land Bank, while the Customary Law Community Unity/KMHA provides Management Rights over customary land. Customary Land is a regional property right that is under the governance of the customary law community, whose existence continues to exist but is not bound by certain land rights. These lands can be given Cultivation Rights, Building Rights, and Usage Rights to third parties who cooperate based on the Land Utilization Agreement. Management Rights over state land by the Land Bank have been regulated in the Job Creation Law. However, Management Rights over customary land have not been further regulated after the administration and registration of customary land. This can weaken the existence of KMHA and its customary land because the nature of Management Rights is the right of control from the state so that the land has the status of state land to cooperate with third parties. This research is a normative research, using a legislative and conceptual approach, then analyzed qualitatively and presented descriptively. The results of the study indicate that: Land Banks based on government functions can act as; Dynamizers, Facilitators, and Capacitors in assisting KMHA in managing Customary Land Management Rights. Through land development activities, Land Banks can carry out the function of managing customary land assets. These activities are designed to increase the utilization and use of land that can meet the needs of life and business activities in terms of economics, social, and physical. Thus, Land Banks can later cooperate with third parties to support investment. The mission of the land bank is to secure the availability of land without sacrificing customary land rights for the benefit of the Customary Law Community.

Recognition of the customary customary rights of indigenous peoples has been recognised in the 1945 Constitution of the Republic of Indonesia, thus it is not explicitly mentioned in the PA Lawon customary rights or lordship rights, but nevertheless itrecognizes and respects the position of customary rights or lordship rights or the implementation of its management for investment purposes derived from state land and customary land are regulated in government regulations which are the implementation of the Job Creation Law, but in reality still cause disputes and / or conflicts antara mcommunity hukum adat with Investors related to Investment, this is the author's concern to study it in writing this thesis. The research method used in writing this thesis uses the normative juridical method. The results of the study found that, the position of customary rights is not state land but customary rights are a right to land that is different from other land rights, so that the arrangement and management for investment interests derived from customary rights to obtain customary law community land to carry out their business activities must not cause problems to local customary law communities so that the determination of customary rights into management rights is a form of state recognition of the customary rights of indigenous peoples. The purpose of the government regulation on management rights is to make it easier for investors to get land to invest because with the availability of land, investors can manage land to run their business, but in reality the management rights of land derived from customary rights of customary law communities for investment by entrepreneurs or companies still cause problems for local customary law communities. Given that the position of customary rights of customary law communities in reality still exists, related to its management derived from customary rights or customary land, customary law communities are expected to the government to the existence of customary rights or customary land, besides that there is also a need for the involvement of indigenous peoples in the implementation of investment activities and for the smooth implementation of investment activities, the Central Government and local governments may grant permits to investors to operate in the area where the investment object is located but there is also a need for the involvement of Customary Law Peoples through contracts or agreements with investors that must be carried out.

Rule point 3 of the UUPA states that the use and exploitation of agrarian lands, especially the management of ulayat land, is carried out by customary leaders (Kepala Adat) and the utilization is intended for both members of the customary law community concerned and people who are not part of the customary or local law community. Every citizen has the right to obtain legal remedies as well as remedies for violations of rights they have suffered as well as a fair legal settlement. In this case, the state has an obligation to ensure the fulfillment of these rights. Based on access to justice which is a constitutional guarantee of human rights. Likewise in the explanation of Law no. 39 of 1999 concerning Human Rights Article 6 Paragraph (1) states that customary rights which are actually still valid and upheld within the customary law community must be respected and protected in the context of protecting and enforcing human rights in the community concerned by taking into account the law and regulations. laws and regulations. The approach method used in the preparation of this thesis is normative juridical research (normative legal research method). The normative juridical research method is a legal research library conducted by examining library materials or secondary data. By using the deductive method of thinking (a way of thinking in drawing conclusions from something general that has been proven true and that conclusion is aimed at something specific). Based on the analysis that the author conducted regarding the Recognition of Ulayat Rights in the Republic of Indonesia, the district/city government is the first line to provide recognition and protection of customary rights over customary law community lands. Regional autonomy, which forms local governments that are close to the people, is expected to increase legal recognition and protection of the customary rights of customary law communities which are often neglected in state life.
 
 Key Word: Oil Palm, Law Protection, Customary Land.

Legal protection for customary land in Papua, particularly West Papua, is a crucial issue reflecting the tension between state law and customary law. The transfer of customary land from customary law communities to agencies or corporations is a dispute that must be faced and is inevitable when faced with realities such as the massive granting of environmental permits, as happened to the Auwyu tribe in Boven Digoel Regency, South Papua Province. Although state law as regulated in Article 18B paragraph (2) of the 1945 Constitution, the Basic Agrarian Law, and Law Number 21 of 2001 concerning Special Autonomy for Papua Province has recognized the existence and rights of customary law communities, its implementation has not fully provided a guarantee of effective protection when juxtaposed with state law that allows customary land management for parties other than customary law communities. This study aims to analyze the form of legal protection for customary land and evaluate the mechanism for resolving customary land disputes in Boven Digoel Regency, West Papua Province for the Auwyu tribe from the perspective of legal pluralism. This study uses a socio-legal approach with a normative basis in the applicable state law that regulates customary law communities, customary land, and customary land dispute resolution, combined with empirical data on the settlement of customary land disputes of the Auwyu tribe. The theory of legal pluralism is used as a conceptual and critical analysis tool to assess the legal problems in the study.

Communal land is an asset owned by customary law communities and jointly managed by members of customary law communities. Customary land in Minangkabau has been recognized in Indonesian law as mentioned in Article 3 of the Basic Agrarian Law Number 5 of 1960 (BAL) as long as it still exists and corresponding to the development. In fact, although a communal land in Minangkabau is administered collectively, the later development shows that such a communal land has been converted to the proprietary right by customary law communities due to the demand for legal recognition. BAL states that property rights are hereditary, strongest, and fulfilled rights owned by a person on a piece of land. Since there are no regulations governing the transfer of communal land to land ownership, the customary elders and regional apparatus make procedures for the transfer of communal land with certain conditions so that not everyone can submit an application for ownership of customary land into land owned.
 Keywords: Customary Land, Proprietary Rights, Land Registration

Protection of the unity of customary law communities to defend their constitutional rights if there is a law that is detrimental to their constitutional rights is enshrined in Law Number 24 of 2003 on Constitutional Court juncto Law Number 8 of 2011 on Amendments to Law Number 24 of 2003. The purpose of this research is to analyze legal protection for customary law communities over their customary land rights in the mining area, the implementation of the customary rights of the Amungme tribal customary law community in Papua on which there is gold mining carried out by PT Freeport Indonesia, and the ideal legal politics for customary law communities whose customary lands are affected by mining. The research method used in this study is normative juridical. The unclear boundaries of recognition become a potential conflict (dispute) against the existence of the position of customary rights over land today in Papua Province, which have a diversity of customary law communities (tribes/clans/clans) spread based on the ecology of highland culture (mountainous, pre-mountainous, and lowland areas) in Papua. Customary law communities are allowed to deal directly with mining entrepreneurs who will use customary land for their mining business activities. The need for the formation of associations such as in mining, such as in Lihir Papua New Guinea, will provide legal certainty and maximum benefits for the Amungme customary law community

This study aims to analyze the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, which has caused pros and cons in society. Specifically, this study discusses the existence of customary law communities from a normative perspective and the labeling of HPL on customary rights of customary law communities and analyzes the legal consequences of granting HPL to customary law communities over customary rights. This study uses a juridical-normative method. The results of the study conclude that the constitution recognizes the existence of customary law communities along with the customary rights of customary law communities. Regulation of the Minister of ATR/BPN Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, although it has provided space for customary land registration, has not provided adequate legal protection for customary law communities in the process of granting Management Rights (HPL). Normative ambiguity and the lack of fair and participatory conflict resolution mechanisms are the main challenges. Therefore, there is a need for revision and strengthening of regulations.

This study aims to analyze the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, which has caused pros and cons in society. Specifically, this study discusses the existence of customary law communities from a normative perspective and the labeling of HPL on customary rights of customary law communities and analyzes the legal consequences of granting HPL to customary law communities over customary rights. This study uses a juridical-normative method. The results of the study conclude that the constitution recognizes the existence of customary law communities along with the customary rights of customary law communities. Regulation of the Minister of ATR/BPN Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities, although it has provided space for customary land registration, has not provided adequate legal protection for customary law communities in the process of granting Management Rights (HPL). Normative ambiguity and the lack of fair and participatory conflict resolution mechanisms are the main challenges. Therefore, there is a need for revision and strengthening of regulations.

<p>The national land law structure in force in Indonesia does not mention and does not prohibit the sale and purchase of customary land rights. The fact in customary law has conditions that must be met regarding the transfer of the sale of customary land rights. If it does not meet the requirements, then buying and selling rights to customary land is said to be a deviation regarding the objectives contained in the customary order. Formulation of the first problem, why the legality of buying and selling rights over customary land of the Malay tribe in Dharmasraya Regency, West Sumatra Province. Second, what is the form of transfer of customary land rights according to customary law and national land law in Dharmasraya Regency and what kind of government legal policy is capable of providing protection to customary community rights relating to customary land rights? This paper is the result of research using the Socio Legal Research method that uses primary data and secondary data is a source of questions with the collection techniques carried out by observation and interviews equipped with literature studies and analyzed descriptively prescriptive. The results of the study found a deviation regarding the substance of the transfer of title to the Malay customary land. One of the factors is the undeniable development of the age related to economic survival without thinking about the common rights inherent in customary land. The conclusion is that the customary land is a common right of the customary law community. The meaning of collective rights here is not owned by individuals, ‘ninik mamak’ or customary leaders only. Therefore, the sale and purchase of customary land rights must be returned in accordance with customary law norms attached to the customary law community itself. So that the existence of customary land is maintained in the days to come and is not eroded by time. The future legal politics of the government pays attention to the existence of customary land and recognizes the customary community's customary land to be poured in the form of an authentic deed and poured in the form of a Regency / City Regional Regulation in terms of the transfer of customary rights to other parties, especially investors.</p>

Indonesia's national economic development facing the global economy is supported by open investment through the use of natural resources in the form of land. For customary law communities, land has an important role apart from being a place to live, it also shows the existence of a tribe in a certain area. Therefore, the Indonesian national constitution recognizes and respects indigenous peoples and their traditional rights. The empirical fact is that quite a lot of customary law community lands have been confiscated for investment purposes which will result in the loss of the customary rights of indigenous peoples. It is interesting to study: (1) What is the position of customary community rights in Indonesian national law politics; and (2) How does the legal protection of the customary rights of the customary law community face economic globalization. The approach method is normative juridical, descriptive analysis research specifications, types and sources of data derived from secondary data supported by primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis was done qualitatively. Research Results: (1) The politics of Indonesia's national agrarian law is based on customary law as a form of recognition of the customary rights of indigenous peoples with conditions if in fact they still exist, are in accordance with national interests, and do not conflict with the provisions of laws and regulations; and (2) The large number of land grabs that have been legalized by the government in supporting the global economy shows that the government has not been optimal in protecting the customary rights of indigenous peoples.

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

Land is the place where people of customary law communities live, and land also provides livelihood for them. Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), agrarian law that applies to earth, water, and space is customary law where the joints of the law come from the local customary law community, as long as it does not conflict with national and state interests based on national unity and Indonesian socialism. This research study is normative juridical as the main approach, considering that the discussion is based on laws and legal principles that apply in the issue of customary or customary land registration procedures. Customary land rights are authorities, which according to customary law are owned by customary law communities over certain areas that are the environment of their citizens. This position of authority allows communities to benefit from natural resources, including land, within the area for their survival. The Land Registry is called Recht Cadaster. Conversely, for land rights that are subject to customary law, land registration is not carried out so that it does not produce a certificate, but a proof of payment of tax on land, for example Girik, and even if a land registration is carried out for land rights subject to customary law, this is known as Fiscaal Cadaster. Although customary land is not the object of land registration, based on the provisions of the Minister of Agrarian State/Head of the National Land Agency Number 5 of 1999, Article 4 paragraphs (1) and (2) stipulate that customary land can be controlled by individuals and legal entities by registering as land rights if desired by the right holder, namely citizens of customary law communities according to the provisions of the applicable customary law.