Granting Cultivation Rights on Communal Land According to Indonesian Land Law

Abstract

Land law in Indonesia regulates the customary rights of customary law communities. Communal rights were only recognised by the Minister of Agrarian Affairs and Spatial Planning Regulation No. 10/2016 on Procedures for Determining Communal Rights to Land of Customary Law Communities and Communities Located in Certain Areas. The regulation, which is expected to be a guideline in resolving conflicts between indigenous peoples, actually creates a conflict of norms. Through the National Land Agency, the government issued communal rights certificates as recognition and respect for customary law communities in West Papua. This shows that communal rights can be registered according to the laws and regulations in the field of land registration. In addition, the land can be cooperated with third parties or investors by granting Cultivation Rights or Building Rights. With this, it is necessary to study further the granting of communal rights certificates according to land law in Indonesia and the Right to Cultivate on communal land according to land law in Indonesia.