There is no impact yet. This is because this regulation has not yet been implemented.
However, in the future, if this regulation is implemented, indigenous peoples will be the
ones who get a good impact, namely their rights are protected in legal certainty There
are no more overlapping interests on customary land.
Thank you for your question, your name and face are very familiar :)
What is the role of the customary land registry in protecting indigenous peoples ^ rights
to their land, and why is it considered urgent in Indonesia
Replies:
The role of customary land registration in protecting the rights of indigenous peoples
includes legal certainty about the control of customary land. Like land rights or state
land, which cannot be contested because of its legal certainty, in the form of a land
certificate. In this case, customary land does not have legal certainty in the form of
certificates, which of course triggers disputes and overlapping interests on customary
land. With legal certainty over customary land, of course, the rights of indigenous
peoples to the customary land that they manage and even become a source of life for
generations, become protected. It is considered urgent because there are increasingly
widespread cases of overlapping interests in the management of customary land,
between indigenous peoples and the government or private parties.
Registration of communal land will not make its communal nature blurred, because
registration aims for legal certainty to prevent overlapping interests, not to erase the
communal nature.
If ulayat land registration is carried out, does the registration process apply the
same as other land registration and will there be issuance of certificates for ulayat
land?
Replies:
According to 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 Customary Law Communities, there are two aspects
(scope) for the process of customary land registration. The first is customary land
administration and the second is customary land registration. Registration of
customary land itself is processed by starting with an application. Then identifying the
unity of MHA, groups of indigenous peoples, examining the land application to the
Minister which leads to the issuance of a certificate or certificate.
The study of indigenous peoples^ rights is always interesting, especially when it comes
to spatial planning. So far, the customary rights of communities have overlapped with
the use maps issued by the relevant sectors, for example, the Ministry of Forestry and
Environment, the Ministry of Marine and Small Islands, etc., and the Ministry of
Agrarian and Spatial Planning. In general, these ministries issue land that is protected
or conserved. On the other hand, indigenous communities have ^recognised^ the land
and have been using it for generations. This means that if the land has a protected
status, it should not be used/developed. How can the ^special^ status of land
ownership be resolved?
Replies:
Thankyou for your question but im a bit clueless with the term special status of land
ownership. But in relation to the land that is the utilisation maps issued by the relevant
sectors, this is the purpose of customary land registration. To prevent and avoid
overlapping of customary land. Overlapping interests between both the government
and the private sector. The control or ownership of communal land can be protected by
the existence of legal rules regarding the registration of communal land as initiated by
the ministry of atr/bpn.
According to my research, if seen from the area where the government issued a
regional regulation for legal certainty over customary land in the area, as is the case in
the Humbang Hasundutan Regency, then legal certainty over customary land is very
effective in preventing and overcoming customary land disputes. If communal land can
be registered in accordance with the objectives of the Ministerial regulation, it is
certain that the intensity of conflicts and disputes over communal land can be reduced
because the registration of communal land creates legal certainty over land as
mentioned in article 19 of UUPA No.5.
