Abstract
Former Adat land is formed based on the assessment of Adat Law, not because of state granting or land registration, and the Agrarian Basic Law recognizes it through provisions on conversion provisions, where former customary land rights are converted into ownership rights if the subject is an Indonesian citizen. The registration of former adat land rights aims to guarantee legal certainty, by abolishing former customary land, and being converted to ownership rights, with the issuance of certificates of land rights, which are formally subject to the system of control over land regulated in Agrarian Basic Law. Before the enactment of the Agrarian Basic Law, on customary land, only a fiscal cadastre was carried out, for the purpose of collecting land taxes, with evidence of girik, kekitir, petuk, kohir or excerpt from letter C, for adat land located in villages or Indonesian respondents for adat land in the city. From the point of proof of former adat land rights, consisting of complete written evidence, incomplete written evidence or no written evidence at all, carried out in 2 two) the procedure for registering former adat land rights is a conversion confirmation procedure only for complete written evidence and procedure for recognition of rights followed by conversion, for written evidence that is incomplete or non-existent at all. Legal uncertainty in registering former adat land rights is due to legal actions or events that have occurred since the enactment of the Basic Agrarian Law until the last rights holder is not recorded in the land book in the village or kelurahan, so the community or village head does not know the land history, legal subject the object of the plot of land and the legal relationship that occurs relating to the control of the land. In overcoming this legal uncertainty, using normative juridical methods, the principle of adat law was reduced to legal principles, which were used as parameters for head of adat or village heads in determining legal certainty regarding the legal status of adat land, legal subjects, land objects, legal relations relating to control of adat land as well as in the management of land book administration in the village or kelurahan that is open to the public.
Highlights
Legal uncertainty in registering former adat land rights can be caused and legal actions on former adat land rights are carried out after the enactment of the LoGA until the last rights holder, not reported to be recorded in the mutation column in the village or kelurahan book, so that the rights holders the latter is not recorded in the land book in the village or kelurahan, and the complete history of the land is unknown, the subject is not known to master the physical land, and there is no known or no ownership dispute or dispute regarding the object of the land or dispute regarding the legal status of the rights on the land
The establishment or birth of former adat land rights is determined by adat law and not from the state, and this has been recognized through the conversion provisions stipulated in the Agrarian Basic Law
The adat heads or village heads knows the origin of the land and legal documents regarding the registered adat land or is stored in the village or kelurahan land book, and in this case the role of the adat head or village head or other name, must active in conducting field research and written documents, to prove the mastery and ownership of former adat land rights in accordance with the principles of universally applicable adat law principles
Summary
Land registration is carried out by the Government with the aim of providing assurance and legal protection for landowners and other parties who use data or public documents from the results of land registration. 1 The field of land in the entire territory of Indonesia, is divided into 2 (two) parts, namely (1) the field of land that has been registered, and as proof of the issuance of certificates of land rights, and (2) areas of land that have not been registered, which is wrong one is former adat land, which was previously only carried out land registration in the form of a fiscal. Decisions of adat leaders or village heads on acknowledgment to a person or individuals of ownership rights have been confirmed in several opinions, namely: (a) One characteristic of ulayat rights is that the leadership of the alliance can determine whether to declare and use certain areas of land parcels for public interest and the rights of these individuals may not be placed; (b) Adat rights in its basic form are a right of alliance over land inhabited, while its implementation is carried out either by the alliance itself or by the head of the alliance on behalf of the alliance; and (c) Adat rights contain two (elements), namely the ownership element, meaning that all members of the adat law community have the right to use land in their territory and an element of authority to regulate, plan and lead their use. This task or authority is delegated to the adat head who has the right to give individual rights to land
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