The Urgency of Customary Land Registration (Analysis of Minister of Agraria Regulation No.14 of 2024)

DOI

10.2991/978-2-38476-366-5_48How to use a DOI?

Keywords

Customary Land Registration; Minister of Agraria Regulation; No.14 of 2024

Abstract

Customary Land is land owned collectively by indigenous peoples, whose control and utilisation are shared by the group of indigenous peoples. Ulayat land includes land, water and natural resources that exist on it. While the right to joint control and utilisation is called Hak Ulayat. Article 18B paragraph (2) of the 1945 Constitution states that the state recognises and respects the unity of customary law communities and their traditional rights, as long as they are still alive and in accordance with the development of society and the principles of the Republic of Indonesia. However, there is no further legal regulation regarding customary land registration. Due to the absence of regulations on customary land registration, disputes and polemics over land ownership on customary land often occur. To anticipate this polemic, the Ministry of Agrarian Affairs and Spatial Planning issued a regulation on customary land, namely the Regulation of the Minister of Agrarian Affairs and Spatial Planning of the National Land Agency of the Republic of Indonesia (Permen ATR / BPN) number 14 of 2024 concerning the Implementation of Land Administration and Land Registration of Customary Land Rights of Indigenous Peoples. So the existence of the regulation of the customary land registration process is considered necessary to find out more about how the process of customary land registration and the urgency and effectiveness of customary land registration. This type of research is normative legal research, namely legal research conducted by examining library materials or secondary data. In this study, it examines Permen ATR / BPN number 14 of 2024 as well as journals and books related to customary land. The purpose of this research is to analyse the importance of customary land registration, where customary land registration is considered to protect the human rights of indigenous peoples, and to find out how the challenges faced in efforts to register customary land law and solutions that can be proposed. The results obtained are that customary land registration is urgent due to the increasing conflict of customary land and customary land registration is considered effective to protect the rights of indigenous peoples.

Copyright

© 2025 The Author(s)

Open Access

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TY  - CONF
AU  - Ivana Novrinda Rambe
AU  - Yamin Lubis
AU  - Rosnidar Sembiring
AU  - Tan Kamello
AU  - Rosmalinda Rosmalinda
PY  - 2025
DA  - 2025/02/28
TI  - The Urgency of Customary Land Registration (Analysis of Minister of Agraria Regulation No.14 of 2024)
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 514
EP  - 522
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_48
DO  - 10.2991/978-2-38476-366-5_48
ID  - Rambe2025
ER  -