Rights to Oloran Land (aanslibbing) in Ujungpangkah District, Gresik Regency Prespective of Traditional Land Law in National Land Law System
DOI:
https://doi.org/10.31941/pj.v22i2.2407Abstract
The control of oloran land rights (aanslibbing) in the community of Ujung Pangkah Subdistrict, Gresik Regency, East Java Province from the past until now has led to the conception of customary land ownership, which is hereditary based on customary law that applies in the community, namely obtained a seal letter from the Village Head p. This resulted in local regulation (self regulation) as customary land law, with the principle that oloran land is customary land that does not have a conceptual arrangement that is recognized and respected by the state as state land.
This research is a normative research aimed at providing answers to the legal vacuum that regulates the granting of oloran land rights originating from customary law by using a statutory approach and a conceptual approach.
The results of this study found that the UUPA which regulates national land law provides land recognition for oloran land (aanslibbing) which is sourced from customary land law as state land which can be applied for rights by using the provisions in the Regulation of the Head of BPN Number 9 of 1999 by giving the first rights in the form of Ownership Rights, Use Rights and Building Use Rights.Downloads
References
Bernhard Limbong, Land Conflict, Margareta Library, Jakarta 2012,
Erman Rajagukguk, Agrarian Law, patterns of land tenure and necessities of life, Chandra Pratama, 2005, Jakarta.
Irfan Nur Rahman, et al. Juridical Considerations Legal Position (Legal Standing) Indigenous Law Community Units in the Process of Judicial Review at the Constitutional Court, Research and Study Center of the Secretariat General and Registrar of the Constitutional Court, Jakarta, 2011.
Lie Liem December, Management of Emerging Land (Aanslibbing) in Improving the Welfare of Indigenous Peoples, Jatiswara, Journal of the Faculty of Law, University of Mataram, Vol 33 No. 2 2018. https://doi.org/10.29303/jatiswara.v33i2.166
Maria SW Sumardjono, Puspita for A Series of Agrarian Law Problems, Andi Offset, 2003, Yogyakarta.
Muhibbin, Patterns of Land Tenure and Ownership Emerging (aanslibbing) on the North Coast of the Java Sea, International Journal of Social and Local Economic Governance (IJLEG) Vo. 1 (1) 2015.
Peter Mahmud Marzuki, Legal Research, Kencana, Surabaya. 2011.
Rabiatul Adawiyah, Legal Position of Ownership of Land Derived from the Process of Deposition of River Streams (Delta) in the Perspective of Land Law in Indonesia, NoLaJ, Master of Notary Journal, Faculty of Law, Lambung Mangkurat University, Vol 1 issue 1, January 2022
Soetandyo Wignjosoebroto, Paradigm Law, Methods and Dynamics of the Problem, ELSAM and HUMA, Jakarta 2022
Supriyadi, Legal Aspects of Regional Assets Land, Finding Justice, Benefit, and Certainty on the Existence of Regional Assets Land, Prestasi Pustaka, Jakarta 2010.
Suyanto, Abolition of Land Rights, Due to the Custodianship of Changes in Land Procurement for Public Interest, Jakad Publishing, Surabaya, 2019, page 250.
Yoppie Christian, et al, Agrarian irregularities 'Tanah Timbul' (aanslibbing) and landscape change in the Ujung Pangkah Coast of Gresik, East Java. Journal of Bhumi, Agrarian and Land Vol.5 No. November 2, 2019. https://doi.org/10.31292/jb.v5i2.374
Legislation
Constitution of the Republic of Indonesia
Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles.
Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 17 of 2016.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Suyanto Suyanto
This work is licensed under a Creative Commons Attribution 4.0 International License.
