IMPLEMENTASI SERTIFIKASI TANAH ULAYAT DALAM RANGKA PENGAKUAN HAK ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN JAYAPURA (STUDI KASUS DISTRIK KEMTUK GRESI)

ALFONSINA LINCE MARTHA YEMBISE, 22314446 (2026) IMPLEMENTASI SERTIFIKASI TANAH ULAYAT DALAM RANGKA PENGAKUAN HAK ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN JAYAPURA (STUDI KASUS DISTRIK KEMTUK GRESI). Diploma thesis, Politeknik Agraria STPN.

[img] Text
Alfonsina Lince Martha Yembise_22314446.pdf
Download (1MB)

Abstract

The recognition of indigenous peoples' customary land rights has been constitutionally guaranteed in Indonesia; however, its implementation within the national land administration system continues to face significant challenges. The enactment of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 14 of 2024 introduced customary land certification as a legal instrument to strengthen the recognition and protection of indigenous land rights. This study aims to analyze the implementation mechanism of customary land certification, identify the challenges encountered during its implementation, and evaluate its effectiveness in providing legal certainty for indigenous peoples in Kemtuk Gresi District, Jayapura Regency. This research employed a qualitative method with an empirical juridical approach. Four purposively selected informants participated in the study, consisting of officials from the Jayapura Land Office, the Secretary of the Indigenous Peoples Task Force (GTMA), and the traditional leader (Ondoafi) of the Sawoi Hnya Indigenous Community. Data were collected through in-depth interviews, field observations, and document analysis. The findings indicate that the implementation of customary land certification is carried out through the integration of state law and customary law, beginning with the formal recognition of the indigenous community by the local government as the legal basis for the issuance of Land Management Rights (Hak Pengelolaan/HPL). The implementation is constrained by overlapping forest areas, limited historical land records, difficult geographical conditions, and differing community perceptions regarding land certification. Nevertheless, the issuance of HPL has strengthened legal certainty, enhanced the protection of customary land rights, and improved the bargaining position of indigenous communities. The study concludes that customary land certification is an effective instrument for recognizing and protecting indigenous land rights, although its long-term effectiveness requires stronger inter-agency coordination, resolution of boundary disputes, and post-certification economic empowerment programs. Keywords: customary land rights; indigenous peoples; legal certainty; customary land certification; land management rights.

Item Type: Thesis (Diploma)
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD29 Pertanahan
Divisions: Prodi Diploma IV Pertanahan
Depositing User: yosep ka perpus
Date Deposited: 07 Oct 2026 03:47
Last Modified: 07 Oct 2026 03:47
URI: http://repository.stpn.ac.id/id/eprint/5174

Actions (login required)

View Item View Item
Repository STPN is powered by EPrints 3 which is developed by the School of Electronics and Computer Science at the University of Southampton. More information and software credits.