Abstract
Research with the title Settlement of Indemnification of Customary Community Land in Land Procurement for Development in the Public Interest in principle the principle of customary law communities is very closely related to customary land, especially regarding patterns of control and use. However, over time and the strengthening of the role of the State in various fields, the role of indigenous peoples in its development has faced various challenges and is increasingly weakening before the State. The customary law community is a party that is very vulnerable to land acquisition for public interests. Under the pretext of public interest, often the rights of indigenous and tribal peoples are taken over without any attempt to replace them with other land ownership rights. Many problems have arisen between the central government and regional governments, investors and indigenous and tribal peoples related to the implementation of development and investment on land which is the property of indigenous and tribal peoples. Keywords: Settlement of Indemnification, Customary Law Community Land, Public Interest DOI: 10.7176/JLPG/94-01 Publication date: February 29 th 2020
Highlights
Land has a very important position in community life
In Article 18 of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, it is explained that "for the public interest, including the interests of the nation and the State and the interests of the people, land rights can be revoked, by providing adequate compensation and in the manner regulated by law " in Article 2 of Law Number 5 of 1960 concerning Basic Regulations on Basic Agrarian means that the State is given the authority to regulate, administer and use land, water and space
There are 3 ways that can be done by the State to meet these needs, namely the first is done in the usual way, namely buying and selling, exchanging and others, the second is done through land acquisition agencies, and the third is done through the revocation of land rights
Summary
Land has a very important position in community life. It is undeniable that the need for land continues to grow and is more complex, the area of land does not increase temporarily as one of the agrarian resources has a very important role in human life and development as the main means. Through this state of control, the State as the ruler will always be able to control or direct the management of the functions of the earth, water and space as well as the natural resources contained therein in accordance with existing regulations and policies, namely within the scope of juridical control which is public.1 The state has power over land in the sense that the state has the authority to regulate all relations to land so that various dimensions of community needs individually or in groups can be met.
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