The Status Of Customary Land Areas In West Kutai

Abstract

Customary land rights encompass two elements. The first element is a civil law element, namely as the joint ownership right of the members of the relevant customary law community over the customary land, which is believed to have originated from the legacy of their ancestors and is a gift from a supernatural power, as the main support for the life and livelihood and the environment of all members of the customary law community. The second element is a public law element, namely as the authority to manage and regulate the allocation, use, and control of customary land, both in internal relations with its own citizens and externally with non-citizens or "outsiders". In customary law communities, land has an important meaning, because by its nature land is the only asset that, even if it experiences any circumstances whatsoever, remains constant in its state, and sometimes even becomes more advantageous. This issue has become a recurring problem encountered in the field regarding land use. Data from the National Land Agency of Kutai Barat Regency shows that no customary land has been registered with the BPN. However, judging from the locations in Kutai Barat, areas that are productive areas that are often controlled by companies are not customary land. Based on the background described above, the problem identification is what are the issues faced in the Status and Territory of Customary Land in Kutai Barat Regency. The normative juridical method is carried out through a literature study that examines secondary data in the form of legislation, court decisions, agreements, contracts, or other legal documents, as well as research results, assessment results, and other references. The normative juridical method is research that begins with normative research or a study of legislation (normative). According to the data held by the BPN of Kutai Barat Regency, no customary land has been registered with the BPN. However, based on observations and monitoring carried out by the National Land Agency (BPN), the land that is currently considered customary land is located in West Kutai, which is a non-productive forest area. Based on the explanation from the BPN, a monitoring mechanism can be implemented to ensure that customary land is truly customary land. This mechanism is based on the provisions of the Minister of Agrarian Regulation Number 10 of 2016.