Land Registry: Communal Rights Certificate and the Problem in Indonesia

Safrin Salam
2019 Proceedings of the Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia   unpublished
The existence of public rights certificates to guarantee legal certainty over the customary land ownership by indigenumberus peoples is a reform agrarian through progressive legal breakthrough. But in its development, the existence of public rights certificate still needs to be revised and adapted the principles of agrarian updates by observing the existing numberrms in law number -5 of the year 1960 as the parent of the rules of the land. Communal rights should be a concept as a concept of
more » ... erty rights that numbert only public but also private. The purpose of this research is to analyze the collective rights certificate issuance and to analyze the legal conception of mutual rights and customary rights within the framework of Act Number. 5 of the year 1960 of the necessary regulations of agrarian subject matter. This type of research using the numberrmative legal analysis with either approach in the study of law, i.e., the method of legislation and conceptual approach. Licensed material is then examined using existing strategies to address the issue of law which further gives prescripts about a legal solution (legal solutions) on legal matters are discussed. The results of the study showed that the presence of public rights certificates to guarantee legal certainty over the customary land ownership by indigenumberus peoples is a reform agrarian through progressive legal breakthrough. But in collective rights certificate theory still holds a wide range of issues especially the conception of constitutional rights numbert based on communal Basic Agrarian Law (BAL) and regulations together with the Minister of Interior of the Republic of Indonesia, the Minister of Forestry of the Republic of Indonesia, Minister of public works, and head of National Land Agency (Badan Pertanahan Nasional) RI Number. 79 year 2014, Number. PB 3/Menhut-11/2014, number. 8/LCS/X/2014 Regarding the procedures for the settlement of the land ownership in the forest area. By him was expected there needs to be a revision of the concept of public legal rights should be prolific public and private law to ensure legal certainty over rights to public certificate issuance is part of reform agrarian in Indonesia.
doi:10.4108/eai.8-12-2018.2283977 fatcat:ofrfdhwd6ff5nkagmcxs74f2bi