Status of Rights on Community Land in The Settlement of Coastal Areas of The Kamboja Village

Agung Ramadhan Saputra, Oksep Adhayanto, Marnia Rani, Irman Irman
2019 Proceedings of the 1st Aceh Global Conference (AGC 2018)   unpublished
Utilization of coastal area as the development program of Tanjungpinang City as the capital city of Riau Islands Province, especially coastal area settlement of Kamboja Subdistrict of West Tanjungpinang, feared effect to the surrounding environment. Gradual changes in the environment will have a direct or indirect impact on aquatic biota. This condition can also occur in the coastal settlements of Kamboja Village, West Tanjungpinang District, which is one of the urban villages which have high
more » ... pulation density and have various forms of business on land and sea. The purpose of this study is to find out the government's implications for the settlement of people in the coastal area of Kamboja Village, West Tanjungpinang Subdistrict, which has no land certificate, and to identify the reason why people do not have the land certificate in the coastal area of Kamboja Village, West Tanjungpinang District. Keywords-coastal areas; settlements; land rights certificates According to Utrecht, legal certainty contains two senses. First, the existence of general rules that make individuals know what actions may or may not be done. Second, in the form of legal security for individuals from government arbitrariness, because of the general rules, individuals know what the State may charge or do to individuals. With an element of legal certainty, the community will know the clarity of rights and the obligations according to the law. Without legal certainty, people are unable to know what action should they do, unable to know whether their actions wrong or rights and unable to know whether their actions legal or not. Associated with legal certainty in the field of land law, the purpose of the Basic Agrarian Law Number 5 of 1960 is: (1) To lay the foundations for the preparation of national agrarian law, (2) to be the basis for realizing unity and simplicity in land law and (3) become the basis for realizing legal certainty regarding land rights for all Indonesian people. It means that legal certainty in the field of land law, rights-holders must obtain legal certainty regarding their rights and clear instructions of the government.
doi:10.2991/agc-18.2019.13 fatcat:g4nuihcsdzgr5a7ryczkrfsfum