Legal Protection of Community Property Rights to Land Destroyed Due To Abrasion in Pangkalpinang City

Abstract

Coastal abrasion is a natural disaster that has a serious impact on land in coastal areas. In Pangkalpinang City, abrasion has caused the loss of part of the land area, directly impacting community ownership rights to land. This condition raises legal issues regarding the status of land destroyed by abrasion and the forms of legal protection that can be provided to land rights holders. This study aims to analyze the legal status of land destroyed by abrasion in Pangkalpinang City and analyze the forms of legal protection that can be provided to communities who lose their land rights due to abrasion. This study uses an empirical legal research method with an empirical juridical approach. Data were obtained through literature studies, field observations, and interviews with relevant parties. The results of the study indicate that land that has undergone changes in shape due to natural events, cannot be identified anymore, and cannot be utilized properly can be designated as destroyed land based on Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 17 of 2021. Determination of destroyed land results in the elimination of land rights in accordance with the provisions of the Basic Agrarian Law. Nevertheless, the government remains obligated to provide legal protection through preventive measures such as abrasion mitigation, coastal area planning, land registration, and providing legal certainty for affected communities. This study recommends strengthening regulations and policies to protect communities who lose land due to abrasion.