DINAMIKA RESPON MASYARAKAT ADAT TERHADAP KEBIJAKAN PENDAFTARAN TANAH DI KAMPUNG NAGA, KABUPATEN TASIKMALAYA

RAHMA RAMADHANI, 20293469 (2024) DINAMIKA RESPON MASYARAKAT ADAT TERHADAP KEBIJAKAN PENDAFTARAN TANAH DI KAMPUNG NAGA, KABUPATEN TASIKMALAYA. Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

Indonesia is one of the former Dutch colonies that has chosen to be cautious in considering the existence of customary rights in the implementation of land registration. The debate over the recognition and protection of indigenous peoples and their rights to natural resources is endless. There are overlapping regulations stating that an indigenous territory can be formally recognized if it has obtained a legal umbrella in the form of regional regulations. There are 1,622 customary territories in Indonesia, but only 3.58% of customary territories have been certified. This is a major concern of the government to certify indigenous lands in Indonesia so that the implementation of land registration can run optimally. The only indigenous community that still exists in West Java Province is the Kampung Naga Indigenous Community. Kampung Naga is one of the indigenous communities that still maintains a way of life through traditional systems in the center of Tasikmalaya Regency. Therefore, a study is needed that discusses the legal status of Kampung Naga formally, its tenurial system, the implementation of land registration and its dynamics, and the response of indigenous peoples to land registration policies, as well as their influence on the utilization of indigenous peoples' land. This research uses a mixed method. The use of this method was chosen based on the researcher's need to analyze the progress of strengthening the legal status of Kampung Naga as a customary area, the implementation of land registration in indigenous communities and its influencing factors, as well as the regulation of its traditional tenure system which requires qualitative data. Meanwhile, the researcher's questions about the response of indigenous peoples to land registration and the effect of land registration products on the utilization of indigenous peoples' land require quantitative data. Indigenous people in Kampung Naga consist of indigenous people inside and indigenous people outside. They maintain a land management system rooted in customs and traditions that have been passed down for generations. This system includes various customary rules regarding the utilization, maintenance and division of land that is considered sacred and essential for the survival of the community. Communal communal land cannot be traded or transferred to other people, as well as land owned by individual indigenous people, most of which is agricultural land. Kampung Naga's struggle to gain legal recognition has been a long journey. Finally, in 2015 Kampung Naga was recognized as a Customary Village through the Decree of the Regent of Tasikmalaya Regency. The long journey of Kampung Naga's Customary Land registration also yielded positive results, so that the proposal for Customary Land registration could be accepted by the Customary Chairperson to be realized in the Ministry of ATR / BPN program. In addition, the response of indigenous people also has a significant influence on the successful implementation of land registration. However, land rights certificates have no influence on land utilization in indigenous communities. Keywords: Indigenous People of Kampung Naga, Tenure System, Customary Land

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