MISSCHELLE GRACIA ASRIMA, 22314527 (2026) ANALISIS KEPASTIAN HUKUM HAK ATAS TANAH MASYARAKAT HUKUM ADAT YANG BERADA DALAM KAWASAN HUTAN DI KABUPATEN JAYAPURA (Studi Kasus Kecamatan Kemtuk Gresi). Diploma thesis, Politeknik Agraria STPN.
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Abstract
The recognition of customary law communities (masyarakat hukum adat) and their customary land rights (hak ulayat) is guaranteed under the 1945 Constitution of the Republic of Indonesia and Law Number 5 of 1960 concerning the Basic Agrarian Principles. However, in practice, legal issues arise when customary territories are located within designated forest areas. This situation results in the coexistence of two legal regimes, namely agrarian law and forestry law, which consequently hinders the realization of legal certainty regarding land rights for customary law communities. This study aims to analyze the legal construction and juridical implications of the overlap between agrarian and forestry legal regimes on the obstacles to the registration of customary land, to examine the forms of legal certainty obtained by the Kusang Syuglue Woi Yansu Customary Law Community over land located within forest areas in Kemtuk Gresi District, and to analyze the juridical and empirical obstacles, along with the efforts undertaken to address them. This study employed an empirical legal research method. The data were collected through interviews with the Jayapura Land Office, the Regional Forest Area Consolidation Agency (Balai Pemantapan Kawasan Hutan/BPKH) Region X Jayapura, the Customary Law Community Task Force (Gugus Tugas Masyarakat Adat/GTMA), and members of the Kusang Syuglue Woi Yansu Customary Law Community. The collected data were analyzed qualitatively. The findings indicate that the overlap between the agrarian and forestry legal regimes prevents the customary land of the Kusang Syuglue Woi Yansu Customary Law Community from being granted and registered as land rights because the land remains legally designated as a forest area. The community has been formally recognized through the Regent of Jayapura Decree Number 188.4/436 of 2022, while its customary territory has been designated as Customary Forest under the Decree of the Minister of Environment and Forestry Number SK.8032/MENLHK- PSKL/PKTHA/PSL.1/10/2022. Such recognition provides legal certainty regarding the legal subject, the customary territory as the object of rights, and the community's authority to manage the customary forest in accordance with forestry regulations. Nevertheless, legal certainty in the form of land rights has not yet been realized because the customary territory remains classified as a forest area and therefore does not satisfy the legal requirements for the granting and registration of land rights. The identified obstacles include juridical barriers arising from differences in legal regulations and institutional authority between the agrarian and forestry sectors, as well as empirical barriers related to the determination of customary boundaries, participatory mapping, and limited financial resources. Efforts to address these issues have been undertaken through the recognition of the customary law community, the designation of Customary Forest, and the implementation of a participatory approach in the identification, mapping, and demarcation of customary territories. Keywords: legal certainty; land rights; customary law community; forest area; customary land 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 03:54 |
| Last Modified: | 07 Oct 2026 03:54 |
| URI: | http://repository.stpn.ac.id/id/eprint/5175 |
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