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Procedure Concerning on Determination of Communal Rights

By July 30, 2018 No Comments

Background

Minister of Agrarian and Head of National Land Agency of the Republic Indonesia Regulation Decree Number 70 of 2016 of Procedure for Establishing of Communal Land Rights on Customary Law Community and Community Within the Specific Area.

This regulation was issued with several reason, as follow:

  1. Give legal certainty to customary law community and community right within the specific area where they have possess the land with long period of time and require legal protection in order to expand the land as much as possible;

  2. The widespread application of communal rights on society. To avoid mis-interpretation, so that Minister of Agrarian and Head of National Land Agency of the Republic Indonesia Regulation Decree Number 9 of 2015 of Procedure for Establishing of Communal Land Rights on Customary Law Community and Community Within the Specific Area.

Purpose

This Regulation was issued to secure the customary law community and community right within the specific Area rights in order to:

  • Expand the land as much as possible;
  • For prosperity of the people;
  • Avoiding mis-interpretation.

Definition

Based on Article 1 Number 1, Communal Rights over Land is a common right of the land over customary law community’s land or a common right of ownership over land granted to the community within the specific area.

Based on Article 1 Number 9, inventory of possession, ownership, application, and utilization of land, hereinafter abbreviated (“IP4T”), is an activity of collection, ownership, application, and utilization of land processed through geographic information system, so that it produces maps and information about land possession by applicant.

Establishment Procedure of Communal Rights consists of:

  1. Customary law community or community within the specific area applying to Regent/Mayor or Governor; Requirements to submit application are:
  • History of customary law and its land history if the applicant is a customary law community;
  • History of land possession for least 10 (ten) years or more consecutively if the applicant is a community living in a certain area;
  • Copy of identity card or deed of incorporation of cooperative, unit part of the village, or other communities;
  • Letter of reference from head of village or other its similarity.
  1. Creation of “IP4T” Team by Regent/Mayor or Governor for assessing related documents, verification, to the completion of analysis;“IP4T” team task consists of:
  • Accepting the application;
  • Performing identification and applicant verification, land possession, land history, land type, land utilization, and land usage;
  • Identifying and inventarizing the land boundary;
  • Field inspection;
  • Performing analysis of juridical data and physical data of land; and
  • Submitting work result report from “IP4T” Team.
  1. Team “IP4T” delivers report about work result of Team “IP4T” to Regent/Mayor or Governor about the existence of customary law community or community within the specific area and their land. The submitted report contain:

  • The presence or absence of customary law community or community within the specific area;
  • Name of tribe leader and members of customary law community or name of community members within the specific area; and

  • Data about land and history of ownership and/or land possession.
  1. Regent/Mayor determines the existence of customary law community and their land, if the land is located within 1 (one) District/City or Governor determines existence of customary law community, if the land across districts/cities.

  2. Such determination shall be delivered to Head of Land Agency Office or Head of Regional Land Agency Office to register communal rights over land on locals land office. The following is the requirements to apply communal rights:Requirements of customary law community are as follow:

  • People gathered as a community;
  • There is an institution within the customary ruler;
  • There is a clear local customary area; and
  • There are institution and legal instrument obeyed by communities.

Requirements of communities within the specified area are as follow:

  • possessing an not less than 10 (ten) years or more consecutively;
  • Ongoing exploitation of crops or using the land directly at a certain area and its surrounding to fulfill their daily needs;
  • Being the main source of life and people’s livelihood; and
  • There are social and economy activities integrated to people’s life.

Michael Surya