EQUITABLE LAND OWNERSHIP IN CUSTOMARY LAW COMMUNITIES

Abstract

The construction of various public facilities and other infrastructure, requires a considerable amount of land and varies in area depending on the needs of an area, at the same time as the population increases, the less land is available, and because the State does not have land for the purpose of building various public facilities and other infrastructure for the public interest mentioned above,  So an effort is needed to procure land for the construction of various public facilities and infrastructure. In the orderly implementation of land procurement, the government regulates land procurement, in Article 18 of Law Number 5 of 1960 concerning the Basic Regulations of Agrarian Principles (UUPA), which is further followed up with Law Number 20 of 1961 concerning the Revocation of Rights to Land and Objects on it. Subsequently, the Minister of Home Affairs Regulation Number 15 of 1975 concerning Provisions on Land Acquisition Procedures was issued. According to the legal issues of this research, the type of research that will be used is normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrines to answer the legal issues faced. Definition Normative legal research is a study that examines both positive legal provisions and legal principles, by systematically explaining legal provisions in a certain legal category, analyzing the relationship between legal provisions. The answer that can be stated in this writing is that  the legal certainty of customary land which is the object of land acquisition needs to be protected by its rights with a clear legal umbrella by local governments.