Juridical Studies on The Communal Rights of Land According To Agrarian Law In Indonesia

Abstract

With the enactment of Regulation of MALPA / HNLA No. 9 / 2015 and Regulation of MALPA / HNLA No.10 / 2016, the Regulation of MALPA / HNLA No. 5/1999 on the Guidance on the Completion of Ulayat (Environmental) Rights Issues is declared as no longer valid. The term Ulayat Right is not known anymore. While the two rules govern the so-called Communal Rights, namely the right of common ownership of land given to people who lived in forest or plantation areas.

The Regulation of MALPA / HNLA No. 10/2016 attempts to facilitate indigenous and tribal peoples, by the way that communal rights can be registered, as is the case with customary law communities in West Papua. Whereas according to Article 9 of Government Regulation no. 24/1997 on Land Registration, Communal Right is not the object of land registration, so it should not be registered and the Certificate of Communal Rights cannot be issued.

This study aims to examine the legal ratio on the applicability of MALPA / HNLA Regulation No. 10 year 2016 and review the provision of Communal Rights under the National Land Law. This study uses the normative juridical research method because this study tries to review the applicable laws and regulations related to Communal Rights.

Keywords: Communal Rights, Ulayat Rights, Land Registration