Abstract
Ulayat land is often a source of conflict because there is no legal ownership. This study aims to explain the procedures for land registration, especially customary land. This research uses Normative Legal Research Methods. Normative legal research is legal research conducted by examining literature or secondary data. Normative legal research is also called doctrinal legal research. The study results found that the UUPA and its implementing regulations do not regulate the timeframe and limits for changing and registering ex-ulayat lands, instead enforcing the provisions of Article 96 of Government Regulation Number 18 of 2021, which require registration customary land, former customary land, traditional land for a certain period. The legal consequence is that there is written evidence of former communal land, which is currently only a legal entity as a guide in land registration.
Introduction
Based on the provisions of Article 11, paragraph 1 of Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA) that the legal relationship between people (including legal entities) with earth, water, and space as well as authorities originating from legal relations it will be regulated to achieve the maximum prosperity of the people (as Article 2 paragraph 3 of the UUPA). The people’s wealth means nationality,
LAND REGISTRATION OF CUSTOM LAND
welfare, independence, sovereignty, just, and prosperity, without control over the lives and work of other people that exceed the limits.
To guarantee legal certainty, Article 19 of the UUPA stipulates that the government shall conduct land registration throughout the territory of the Republic of Indonesia according to provisions specified in government regulations. Arrangements for land registration are regulated in Government Regulation Number 10 of 1961 concerning Land Registration, which has been amended by Government Regulation Number 24 of 1997 concerning Land Registration, and further arrangements are regulated by Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1998 concerning Provisions Implementation of Government Regulation Number 24 of 1997 concerning Land Registration, which has been amended successively by Regulation of the Head of the National Land Agency Number 8 of 2012 concerning Amendments to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1998 regarding Provisions for Implementation of Government Regulation Number 24 of 1997 concerning Land Registration, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 7 of 2019 concerning the Second Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1998 concerning Provisions for Implementing Government Regulation No. 24 of 1997 concerning Land Registration and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 16 of 2021 concerning the Third Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1998 concerning Provisions for Implementing Government Regulation Number 24 of 1997 regarding Land Registration.
Land registration is a series of activities carried out by the government continuously and regularly, which include collection, processing, bookkeeping, and presentation and maintenance of juridical data and empirical data in the form of maps and lists of spatial land parcels, basements, and housing units. Flats, including issuing certificates of proof of rights over plots, basements, and space above land that already has rights and ownership rights to flats units and certain rights that burden them. Land registration consists of two
types: systematic land registration and sporadic land registration. Land registration is carried out on all land parcels within the territory of the Republic of Indonesia. Land registration conversions are also carried out on land rights on former western rights and also on land rights on former customary land, including land registration on land parcels originating from clearing land or clearing of the forest.
The conversion of the former western land rights based on the provisions of Presidential Decree No. 32 of 1979 ended on August 8, 1979, and therefore the land rights of the former western rights which did not convert the land rights stipulated in the BAL became land directly controlled by the state, this is then reaffirmed in Article 95 paragraph 1 of Government Regulation Number 18 of 2021, which stipulates: “Structural evidence of the land of former western rights is declared invalid and its status is land directly controlled by the state”. Meanwhile, the conversion of rights to former customary-owned land as regulated in the Conversion Provisions in the UUPA is then emphasized and limited in Article 96 of Government Regulation Number 18 of 2021, which stipulates: “Written evidence of former customary-owned land owned by individuals registered within a maximum period of 5 (five) years from the enactment of this Government Regulation”.
Suppose the period ends as referred to in paragraph (1) of Government Regulation Number 18 of 2021. In that case, written evidence of former customary-owned land is declared invalid and cannot be used to prove land rights and only as a guide in land registration. And for new plots of land originating from land clearing or forest clearing, Article 97 Government Regulation Number 18 of 2021 stipulates: “Land certificates, compensation certificates, village certificates, and other similar means which are meant as certificates of ownership and land ownership issued by the village head/lurah/sub-district head can only be used as a guide in the framework of land registration”.
Indirectly, the provisions of Article 96 and Article 97 of Government Regulation Number 18 of 2021 reduce the status of written evidence of former customary-owned land and written proof of land from land clearing or forest clearing, that is, from a means of proving land rights, it only serves as a guide in the context of registration land. Article 3 of the UUPA provides recognition of the existence of customary land owned by ordinary law communities, namely traditional rights. However, the
UUPA needs to regulate in detail regarding traditional land owned by individuals. Arrangements for land rights that were customary land owned by individuals are only found in the Conversion Provisions in the UUPA. Therefore, there are two types of traditional land, namely customary land owned collectively by ordinary law communities and ancestral land owned individually. This study will discuss the registration of former customary land belonging to individuals. The formulation of the problem is as follows: (1) how to regulate the time limit for land conversion and registration of land rights that were formerly customary lands; (2) what are the legal consequences of the provisions of Article 96 of Government Regulation Number 18 of 2021 regarding the conversion and registration of land for land rights that were formerly customary lands.