THE URGENCY OF CUSTOMARY LAND REGISTRATION (ANALYSIS OF MINISTER OF AGRARIA REGULATION NO.14 OF 2024) Ivana Novrinda Rambe (a*), M.Yamin Lubis (b), Rosnidar Sembiring (b), Tan Kamello (b), Rosmalinda (b)
a) Faculty of Law, Universitas Sumatera Utara,
Jalan Universitas 19, Medan 20132, Indonesia
*fh[at]usu.ac.id
b) Faculty of Law, Universitas Sumatera Utara,
Jalan Universitas 19, Medan 20132, Indonesia
*fh[at]usu.ac.id
Abstract
Customary Land is land owned collectively by indigenous peoples, whose control and utilisation are shared by the group of indigenous peoples. Ulayat land includes land, water and natural resources that exist on it. While the right to joint control and utilisation is called Hak Ulayat. Article 18B paragraph (2) of the 1945 Constitution states that the state recognises and respects the unity of customary law communities and their traditional rights, as long as they are still alive and in accordance with the development of society and the principles of the Republic of Indonesia. However, there is no further legal regulation regarding customary land registration. Due to the absence of regulations on customary land registration, disputes and polemics over land ownership on customary land often occur. To anticipate this polemic, the Ministry of Agrarian Affairs and Spatial Planning issued a regulation on customary land, namely the Regulation of the Minister of Agrarian Affairs and Spatial Planning of the National Land Agency of the Republic of Indonesia (Permen ATR / BPN) number 14 of 2024 concerning the Implementation of Land Administration and Land Registration of Customary Land Rights of Indigenous Peoples. So the existence of this regulation on customary land registration is considered necessary to find out more about how the urgency and effectiveness of customary land registration. This type of research is normative legal research, namely legal research conducted by examining library materials or secondary data. In this research, examining Permen ATR / BPN number 14 of 2024 as well as journals and books related to customary land.
Keywords: Customary Land, Registration of Customary Land, Permen ATR / BPN No.14 of 2024
