IJSSH 2017 Vol.7(8): 513-517 ISSN: 2010-3646
doi: 10.18178/ijssh.2017.V8.876

Communal Rights of Land: Indonesia Government Effort to Protect the Rights of Indigenous Group

Nesita Anggraini and Umery Lathifa
Abstract—The rapid development of infrastructure in Indonesia indeed requires a considerable amount of land. This often results in neglect of the rights of indigenous people to possess and utilize their sacred land. The effort to protect the land of indigenous people in Indonesia often fails because of two things: 1) there is no certification of the land and 2) even when the land is certified on behalf of group leader, the land is then sold or rented to other parties hence the failure to protect the existence of indigenous group. To solve this problem, Indonesian’s Ministry of Land and Spatial Planning has issued Regulation 9/2015, which then revised by Regulation 10/2016, through which the Minister created a new right of land called communal rights. These rights give joint-ownership land titles to indigenous groups or any groups that have inhabited a land for more than ten years. In addition to guaranteeing their rights to possess a land by giving certification, communal rights are given to prevent the land being transferred to parties other than the indigenous group itself. This paper will explain the basic concept, process, and requirements of communal rights in the framework of Indonesian’s land law. This paper will then explain how communal rights can help protecting the existence of indigenous group in Indonesia. Further, this paper will mention several shortcomings of communal rights in the level of regulation as a suggestion for improvements.

Index Terms—Adat law, communal tenure, indigenous group, ulayat rights.

N. Anggraini is with the University of Indonesia, Depok, 16424 Indonesia (e-mail: nesita.anggraini@ui.ac.id).
U. Lathifa was with the University of Indonesia, Depok, 16424 Indonesia (e-mail: umery.lathifa@yahoo.com).

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Cite: Nesita Anggraini and Umery Lathifa, "Communal Rights of Land: Indonesia Government Effort to Protect the Rights of Indigenous Group," International Journal of Social Science and Humanity vol. 7, no. 8, pp. 513-517, 2017.

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