The Implementation of the Acknowledgment of Rights through the Conversion of Customary Land Ownership

Abstract

To ensure legal certainty and the protection of the rights of each party to land ownership, including customary lands, it is necessary for the state to regulate this matter. One of the substantial triggers for conflicts is the neglect of the rights of indigenous communities, especially concerning the recognition of customary land, and there is still confusion in land regulations. The second root cause is that the conversion process of land rights from customary land to one of the rights under the Agrarian Law (UUPA) is still fully regulated by the law. The conclusion of the research in this thesis is that the implementation of recognition through the conversion of customary land aims to acknowledge previous land rights and to ensure legal certainty, which can contribute to the realization of a just and prosperous society as envisioned by Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Obstacles in the implementation of the recognition of customary land rights include the lack of legal awareness among the community, the perception that recognition by the indigenous community is already strong, a lengthy and costly conversion process, incomplete land administration systems, and a shortage of technical conversion personnel. To address these obstacles, the Land Office plays a crucial role in conducting outreach and implementing policies related to the recognition of rights through the conversion of customary land ownership.