PROBLEMATIKA DAN SOLUSI PENDAFTARAN TANAH ULAYAT MASYARAKAT HUKUM ADAT (Studi di Desa Lewokluok Kecamatan Demon Pagong Kabupaten Flores Timur)

ABDUL HARIS, 20293383 (2024) PROBLEMATIKA DAN SOLUSI PENDAFTARAN TANAH ULAYAT MASYARAKAT HUKUM ADAT (Studi di Desa Lewokluok Kecamatan Demon Pagong Kabupaten Flores Timur). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

Preview

Text Abdul Haris_20293383_1.pdf Download (690kB) | Preview

Abstract

Land holds high value from any perspective, including sociological, psychological, political, and economic viewpoints. Additionally, land is considered sacred as it is the abode of gods and spirits and thus must be well-maintained. Customary land rights (tanah ulayat) are actually recognized under Pasal 3 of the Basic Agrarian Law (UUPA), provided they still exist in practice and do not conflict with higher laws and regulations. The government has not yet focused on registering customary lands of Indigenous Peoples (MHA), resulting in few registered lands and many being recorded as individual property. This research aims to understand why the customary lands of MHA Lewokluok in Lewokluok Village have not been registered and how these lands can achieve legal certainty according to the wishes of MHA Lewokluok. The methodology used is qualitative with an ethnographic and normative juridical approach. Data collection techniques include literature study, observation, and interviews. This approach is used to understand the reasons why the customary land of the Lewokluok MHA in Lewokluok Village has not yet been registered and how the Lewokluok MHA's customary land can obtain legal certainty according to the wishes of the Lewokluok MHA. The research results indicate that the refusal to register land by MHA Lewokluok occurred due to the absence of detailed technical regulations at the time. Currently, the registration of customary land faces obstacles due to the lack of regional regulations or local government decisions. Additionally, the customary lands of MHA Lewokluok are located both within and outside forest areas. For customary lands within forest areas, they must first be released using technical regulations from the Ministry of Environment and Forestry (LHK) and will be followed by land registration regulations from the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). Keywords: Lewokluok, Indigenous Law Community, Customary Land, Forest Area, Land Registration

Actions (login required)

View Item