Customary Landowners Research Articles

Legal Protection of The Customary Rights of The Pubabu-Besipae Indigenous People

Ulayat land is land shared by indigenous communities. Customary land is closely related and is an integral part of customary land rights. Customary rights are the rights owned by indigenous peoples to utilize natural resources for survival. The existence of indigenous communities has been explicitly recognized in national law, such as the Basic Agrarian Law and the Forestry Law. However, recognition of customary rights is still often ignored by the Government, this is the case in the Pubabu-Besipae indigenous community. Therefore, the aim of this research is to find out how the law protects the customary rights of indigenous communities. This research uses normative legal methods and uses a statutory approach. The research findings show that legal recognition and protection of customary rights are very clearly recognized and regulated, so the government should not be able to control customary land arbitrarily according to its wishes. Ownership of customary land has limitations in carrying out legal actions and must take into account the prosperity of indigenous communities. So the actions taken by the East Nusa Tenggara Government are actions that violate the human rights of indigenous peoples because there are arbitrary actions and even acts of violence against indigenous peoples. The government should hold joint discussions with indigenous communities to reach a fair agreement.

Settlement of Customary Law Community Land Disputes in Byosi Village Keerom Regency Perspective of Regulation of the Minister of State for Agrarian Affairs/KBPN Number 5 of 1999

Customary land disputes occur in customary law communities in Byosi village, Keerom Regency, where customary land ownership often overlaps in the same location or place and can be owned by two or more people. This is what causes problems and there are disputes over customary land between customary law communities. The aim of this research is to determine the resolution of disputes over overlapping customary land ownership among customary law communities in Byosi Village, Keerom Regency. This research method is normative juridical and empirical, a research method that refers to legal norms contained in statutory regulations, library materials, written regulations or other legal materials that are secondary in nature and also realities that occur in the midst of Byosi traditional law community, Keerom Regency. The results of this research reveal that the resolution of disputes over overlapping customary land ownership in Byosi Village was carried out using deliberation which was chosen because it suited the character and way of life of the traditional law community in Byosi Village which was familial in nature, compared to resolving disputes through court institutions which tended to be confrontational in nature. , takes more into account winning and losing, takes into account more realistic aspects and ignores the social elements in traditional communities which are familial in nature.

Patterns of Indigenous Land Tenure and Utilization: Comparison of Customary Law in Balinese and Acehnese People

Aim: This study examines and analyzes changes in patterns of tenure and utilization of customary land in line with changes and developments in society in the era of globalization and tourism industry both in Bali and in Aceh. There were lands that were originally customary lands. Customary. Some have changed their function while others are still functioning as customary lands. The purpose of this study is to analyze the causes of changes in patterns of tenure and utilization of customary lands in the Indigenous Peoples of Bali and Aceh. Before the change in orientation related to the use of customary land which still adheres to the communal and religious functions of customary land, but along with economic development and in the era of globalization, the tenure and utilization of customary land has undergone changes that lead to economic orientation. A controversial issue in land is the concept of economic function and social function of land which is the basis for excessive land use. One of the sources of the problem is the construction of tourism facilities, resulting in the economic value of the land being so high. Methods: This study uses mixed methods as legal research, namely between normative and empirical legal research by using field data and secondary data. Results: Found that in anticipating changes in the pattern of tenure and utilization of customary lands in the indigenous peoples of Bali and Aceh, the government and stakeholders need to design and implement various policy models that can maintain the sustainability of culture, environment, and the interests of the indigenous peoples of Bali and Aceh. A policy model that favors indigenous peoples in providing protection for customary lands in Bali and in Aceh. Community involvement and facilitating institutional development within indigenous peoples in decision-making in the ownership and use of customary land. Conclusion: Indigenous Peoples in the era of globalization have an important role in anticipating changes in the pattern of tenure and utilization of customary land in order to maintain cultural values, identity, and community welfare. For this reason, steps need to be taken, including strengthening indigenous peoples through education and self-awareness, strengthening identity and culture, active involvement of indigenous peoples in decision making and the establishment of customary institutions in representing indigenous peoples related to their interests.

Management and Utilization of the Culture of Customary Villages as “Local Wisdom” in Tourism Development in Bali

Indonesia is a country that has many tourism provinces, one of which is Bali Island. One of the factors that supports the development of tourism in Bali is local wisdom. The purpose of this study is to determine How the management and utilization of Traditional Village Culture as “local wisdom” to support tourism development in Bali and What are the inhibiting factors in the management and utilization of Traditional Village Culture as “local wisdom” can play a role in supporting tourism development in Bali. This study uses the type of empirical legal research. The researchers found several obstacles that became obstacles, especially related to the availability of land or land that will be used as the location for the construction of tourism facilities and also the community's concern about the transfer of ownership of customary land to investors and the concern about the use of customary land that is not in accordance with local cultural values. that has the potential to damage the environment and the sustainability of Balinese traditions because in reality, Customary Land for the Traditional Village Community in Bali is their identity and identity that has been passed down from generation to generation. Therefore, indigenous peoples who act as guardians of local culture are expected to continue to develop their knowledge by paying attention to contemporary issues that require adaptation to solve the problems at hand. To ensure that the management and utilization of traditional village culture in Bali to support sustainable tourism does not damage the natural beauty and culture of Bali, investment can be focused on the development of environmentally friendly facilities and the implementation of programs to promote cleanliness and environmental conservation. By linking tourism investment with Balinese culture, it will increase its added value because tourists can not only enjoy the natural beauty, but also Balinese culture. This provides a great opportunity for Bali to attract investors and foreign tourists visiting Bali.

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

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.

The Existence and Urgency of Customary Land In West Sumatra Province

Customary land is land that is collectively owned by the local indigenous community. The tradition of customary land ownership has become an integral part of culture and community life in West Sumatra, and plays an important role in maintaining ecological balance and realizing the social welfare of indigenous peoples. However, in recent years, the existence of customary land in West Sumatra has faced various challenges and threats. This research aims to analyze the existence and urgency of customary land in West Sumatra Province. This research uses qualitative research methods. Data collection techniques were carried out by exploring journals, books and other information relevant to the research. The data that has been collected is then analyzed using three stages, namely data reduction, data presentation and conclusion drawing. The results showed that the existence of customary land in West Sumatra Province is still quite strong. Customary land is still used by indigenous people for various purposes, such as housing, agriculture, and plantations. The urgency of customary land in West Sumatra Province can be seen from various aspects, including social, economic and ecological aspects

Kebijakan Dana Pemberdayaan 1% PT. Freeport Indonesia kepada Suku Amungme dan Kamoro Melalui LPMAK

Customary rights owners, investors and the state are working groups that must uphold the principles of justice in PTFI's mining business, the state, the Amungme and Kamoro communities are working partners in mining exploration in Mimika, Papua. Profit sharing between parties I, II and III is regulated in a humane work agreement and no injustice should occur. However, the problem is that customary landowners only receive a partnership trust budget (social budget), which varies annually. For example, from 1994-2003 or 23 years of existence, the social budgeting distribution from PTFI amounted to 1.3 billion US dollars (managed by LPMAK). Partnership budget distributions of $634 and $662 million also occurred (managed by PTFI's Non Community Affair Dept.). Trust and partnership budget reached USD 437.3 in 2006 and 2007 increased to USD 480.3 also distributed by PTFI. Decreased, reaching USD 400.0 in 2010. This research has both academic and practical purposes. It is useful for socially just budget distribution. Then, the methodology used is descriptive qualitative. Data collection was done through direct and indirect interviews. Samples, data analysis and management were conducted on the Amungme and Kamoro tribes as customary rights owners in Mimika, Papua. Research findings; PTFI, the state, the Amungme and Kamoro communities are not good partners in the mining business in Mimika, Papua.

THE EXISTENCE OF CUSTOMARY LAND IN BALI AFTER THE APPOINTMENT OF CUSTOMARY VILLAGES AS SUBJECTS OF COMMUNAL PROPERTY RIGHTS OVER LAND

Customary land is land owned by indigenous peoples for generations since ancient times, in 2017 customary villages as a unit of indigenous peoples obtained property rights to land that provide legal certainty over customary land ownership but will also have an impact on the integrity of customary land in the future because property rights can be transferred and transferred to other parties. The purpose of this study is to be able to analyze strategies to maintain the Existence of Customary Land in BaliThis writing is normative legal research, namely research that examines the applicable positive legal norms, which are in the form of laws and regulations related to the existence of customary land in Bali after the appointment of customary villages as subjects of communal property rights to land, which focuses on land rights that are most appropriately owned by Customary Villages together with indigenous peoples, by using a statutory approach and a conceptual approach. The Property Rights were granted to the Indigenous Village.

The Role of Religious Leaders in Resolving Ulayat Land Disputes

The background to this research problem is that there is a dispute over ulayat land that occurred in Nagari Gadut, Tilatang Kamang District. So the role of religious figures was found in resolving the customary land dispute that occurred in Nagari Gadut. This research aims to see the role of religious figures in resolving customary land disputes in Nagati Gadut, Tilatang Kamang District. The type of research used is descriptive qualitative research methods using data collection techniques, interviews, observation and documentation. The results of the research show that there are disputes over customary land in Nagari Gadut, Tilatang Kamang District. The form of dispute that occurs between the plaintiff and the defendant. The plaintiff did not accept the defendant's desire for private ownership of customary land. Disputes lead to the severing of the relationship between the plaintiff and the defendant, the severing of relationships extending to children, grandchildren, relatives. So the plaintiff reported it to a religious figure to help resolve the dispute that occurred so that the relationship between members of the ethnic group could be resolved. Religious figures as judges in the form of disputes that occurred in Nagari Gadut. The roles of religious figures in resolving customary land disputes are: 1. Role as facilitator 2. Role as mediator, 3. Religious figure as mediator 4. Religious figure as advisor.

Legal Certainty of Expired Customary Land Ownership Rights in the Indonesian Agrarian Law System

Legal Certainty of Expired Customary Land Ownership Rights in the Indonesian Agrarian Law System

What is the Form of Protecting Customary Land in Indonesia? A Study of the History and Construction of Settings

<p><em>This article examines the legal protection for customary land rights based on forest law in Indonesia. The study of customary land is important because customary land is the communal ownership of land subject to customary law. Policies related to customary land rights are inseparable from regulations regarding forestry law because customary rights appear starting with the clearing of forests by customary law communities. Forestry management after Indonesia’s independence cannot be separated from government legal politics, especially related to forestry law in Indonesia. This writing departs from the question of how the history of the existence of customary land and how the protection of customary land in the regulation of forestry law in Indonesia. The writing of this article uses a normative juridical method, namely studying material using theory from literature books, including scientific writing in journals and material related to laws. Based on the hypothesis, forestry regulations in Indonesia have not provided legal protection for customary lands and have even eliminated the existence of customary land itself, which is the source of life for indigenous peoples. The lack of protection can cause conflicts between the government and indigenous peoples, one of the factors due to the government’s takeover of customary land ownership from indigenous peoples. With Government Regulation Number 23 of 2021 concerning the Management of Forest Areas, which also regulates customary forests as separate forest groups (not included in state forests), customary forests are recognized.</em><em></em></p>

PTSL Program in the Context of Conflict Prevention and Land Disputes

That the status of land ownership in Indonesia is still not completely registered, for example customary landin a few Territories in Indonesia are still not registered, so in order to obtain proof of land ownership, parties who control customary property rights must submit an application for land registrationfirst time through the local land office. Often, in several cases, customary land cannot be registered due to various reasons, such as a lack of information or the unavailability of a fee to register the land. Customary land that has not been registered will result in the vulnerability of land disputes or conflictsin later days, and this is anticipated by establishing a Complete Systematic Land Registration procedure by the Government through the Ministry of Agrarian Affairs and Spatial Planning with the APBN/APBD budget. The purpose of this legal research is nothing elseis as a means of adding knowledge in the field of law which is expected to be of benefit to practitioners and the public. Methods This legal research uses a normative juridical research method which is carried out by examining literature or secondary data using a conceptual, statutory and case approach. The results of this study are that PTSL can be a solution for the Government in completing the programcertification all plots of land that exist on Indonesian soil and can prevent and know which land plots will have the potential for conflict, the benefits of PTSL can also reduce the potential for misconduct by village officials in providing land history documents or proof of physical ownership of customary land. That PTSL has a series of procedures that are passed by involving the village to get maximum results in issuingcertificate which is the spearhead of the PTSL activities. The series of PTSL procedures, namely planning, location determination, preparation, formation and determination of the PTSL adjudication committee and task force, counseling, collection of physical data and collection of juridical data, research on juridical data to prove rights, announcement of physical data and juridical data and their ratification, confirmation of conversion, recognition of rights and grant of rights, bookkeeping of rights, issuance of certificates of land rights, documentation and submission of activity results and reporting.

The Status of Customary Tenants in Relation to Land Held by Him: An Overview of Customary Law

The article seeks to examine the effects of the Land Use Act of 1978 on the customary system of land holding in Nigeria. Since the birth of the Act, the problem facing our courts, ordinary people and lawyers is determining the actual position of customary tenants under the system of property rights introduced by the Law. The empirical legal research method used in this study is a type of qualitative research. This method focuses on cases in the community using legal studies, while the scope of this research is the Land Use Act 1978 against the customary land tenure system in Nigeria. The results of the discussion made it clear that the Laws on Land Use and Customary Land Owners have much in common. As such, the controversies generated by these issues continue to defy consensus among our academic "egg heads" as well as learned judges in our courts. Indeed, many court decisions appear to indicate that the courts have not settled the controversy on this issue. As a result, the judicial confusion for Nigerian means of conveyance continues to this day.

Konsep Kepemilikan Tanah Adat Suku Tolaki Mekongga Serta Hak Atas Tanah Ulayatnya

Ulayat rights are the rights of customary law communities which in essence are the authority possessed by certain customary law communities. The customary land law of the Tolaki Mekongga tribe is land that is controlled or owned by a family, either because the family has directly cultivated it, or because the land has been inherited from generation to generation. The main objective of this research is to find out the concept of customary land ownership of the Tolaki Mekongga tribe and its relation to inheritance and customary rights. The type of research used in this study is normative legal research (doctrinal legal research), namely research on law as a norm and reality (behavior) or as something to aspire to and as a living reality or law. The Tolaki Mekongga indigenous people still exist today and occupy certain areas, but until now there are no regional regulations regarding customary rights over these areas, so efforts are needed to obtain legal certainty and justice for customary law communities in managing their customary rights.

TINJAUAN YURIDIS TINDAK PIDANA PENYEROBOTAN TANAH ADAT DI KABUPATEN TORAJA UTARA

Land grabbing is not a new problem that often occurs in Indonesia. Unlawful land grabbing is an unlawful act and can be classified as a criminal act. The formulation of the problem in this study is the regulation of customary land ownership in North Toraja district and legal settlement of criminal acts of land grabbing in North Toraja district. Ownership of customary land is marked by physical possession and recognition as stated in Article 24 paragraph (2) of Government Regulation Number 24 of 1997. Regarding customary land or Toraja indigenous people, it is called tongkonan land. The North Toraja government has ratified Regional Regulation number 1 of 2019 concerning "Recognition and protection of the rights of indigenous peoples" in which the regulation has concretely regulated the system of land tenure and use. There are several stages of legal settlement of customary land grabbing in North Toraja Regency, both within the scope of customary law, namely mediation through the customary institution where the tongkonan land is located and positive law, namely through the courts.

Customary land ownership and land use change in Kumasi: An issue of chieftaincy sustenance?

Like many African countries, Ghana operates a pluralistic land tenure system – customary and state ownership exist conterminously. Land-use planning is largely a state function, but the involvement of chiefs who are custodians of about 78% of the lands is significant. The main aim of this paper is to examine how customary land ownership affects land-use change. This was done by specifically examining (i) the causes of selected land-use changes, and (ii) chieftaincy sustenance in relation to land ownership and land-use change. The study uses primarily qualitative approaches, with an in-depth study of multiple cases in Kumasi. Data were collected from several sources through face-to-face interviews, documentary reviews, observation, and focus group discussions. Data were analysed using the content analytical approach via the aid of Atlas ti, a qualitative analysis tool. The study’s major contribution to land-use planning and urban governance is the chieftaincy sustenance which came out as a crucial factor for land-use change. Other factors include increasing land values, urbanisation, land ownership disputes, and the government’s mal-handling of acquired lands. The customary land ownership system being embedded in African societies means that chieftaincy continues to be powerful in the management of the cities. Thus, chieftaincy sustenance should be a matter of concern in urban planning and governance. We call for increased collaboration between the traditional authorities and the State systems to actively govern land-use planning at the local government level.

Backyard conservation in traditionally owned lands

Backyard conservation is a community-based approach aiming to weave traditional knowledge, management practices, customary land ownership, and Indigenous-driven solutions with other scientific knowledge to enhance conservation. The islands of Papua New Guinea (PNG) provide an important example towards understanding the role of backyard conservation in culturally diverse and complex societies.

An Analysis on Statutory and Customary Land Ownership in Cameroon: Two Parallel Ways

Land is essential for every human activity on earth as it is the source of all material wealth. In order to regulate the ownership, use and development of land and land resources, nations over the world have instituted land ownership systems aimed at consistent balancing of the interests of the government, the land owning class and the landless class. This paper examines the parallel nature of statutory and customary land ownership in Cameroon, how it has evolved over the years until 1974 when a single land law, otherwise known as the 1974 Land Ordinance, which were established to harmonize and regulate land ownership in the country. The paper further contends that the present land ownership system in Cameroon as found in the ordinance is advocating inclinations with excessive state control of land ownership, use and development. In connection with our above objectives, we adopted an in-depth content analysis, which is based on primary and secondary sources of data collection imperative to the study. The paper concludes that such land system cannot effectively support the indigenes and development initiatives as it creates too much bureaucracy in land transactions, land registration and land titling. It recommends an urgent balance between the statutory and customary land ownership to facilitate access to land with ease for various purposes.

Identity, power, myth contestation and land control in Manokwari, West Papua- Indonesia

This article investigates the power of the tribes in Manokwari to occupy back the land controlled by the state. The basis of the claim is rooted in tribe myth about the customary land ownership neglected by the state in the past. Qualitative research is utilized to reveal how the tribes use the myth, power, and connection to control and claim the land. Tribe claim over land becomes more frequent, especially when West Papua is given special autonomy and Manokwari becomes the capital city. The spirit of sovereignty over land and Papuanisation of bureaucrats are amplified during the implementation of special autonomy. The special autonomy, Papuanisation of bureaucrats, power to mobilize masses, and connection with the elite and bureaucrats have strengthened and rejuvenated the power of the tribes in Manokwari to exercise power by retaking, squatting,and controlling the state land.

Characterisation and typology of urban wetlands in Ghana: Implications for the governance of urban commons in secondary cities in Africa

Urban wetlands continue to provide essential ecosystem services to the urban populace and are largely seen as urban commons that need to be managed properly for continuous wise use of wetlands. Yet fewer studies have highlighted the characteristics as basis for the development of a typology to make it easy for differentiated and appropriate spatial, management and policy planning interventions. The study draws on urban commons and resource access theories to highlight the different land management practices, land use activities, land ownership within and around wetlands in a developing country secondary city, Kumasi. Levels of encroachment and institutional support are used to categorise wetlands in Kumasi. The findings indicate four different typologies, with many wetlands characterised by high levels of encroachment and low institutional support for the enforcement of regulations. The study attributes this to the commoditisation of wetlands due to land scarcity and failure of planning agencies to conserve urban wetlands as urban commons because of pressure from customary landowners. Underlying these shortfalls in wetland management are legislative, institutional, and spatio-political conflicts, inability of state agencies to create, protect and sustainably use wetlands, poorly defined property rights and power imbalances in the land market. Also, the major dynamics of urban wetlands were encroachment by residential, civic, and recreational uses, overlapping institutional roles and functional inefficiencies, and poor functional collaborations and synergies between the stool and the state. The results suggest that governance of urban commons will require comprehensive planning modules that engage various stakeholders at the different levels of urban planning and enforce planning legislations in consultation with urban land custodians.