Kepastian Hukum Terkait Penggunaan Tanah Milik Negara Yang Dikelola Oleh Masyarakat Adat Kecamatan Hulu Kuantan Kabupaten Kuantan Singingi

Erwin, Erwin (2019) Kepastian Hukum Terkait Penggunaan Tanah Milik Negara Yang Dikelola Oleh Masyarakat Adat Kecamatan Hulu Kuantan Kabupaten Kuantan Singingi. Masters thesis, Universitas Islam Riau.

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Abstract

The existence of law is demanded to respond to all problems and various crossing of community interests. To achieve these objectives, legal certainty is needed so that the basic needs of welfare, prosperity and justice are met. Land as the main object that must be owned in the implementation of agrarian life in the form of procurement of agricultural land and plantations. Land is very meaningful because most of human life depends on the land. In the 1945 Constitution Article 28 D Paragraph (1) states that "Every person has the right to recognition, guarantees, protection and legal certainty that is just and equal treatment before the law". which was then confirmed in Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (State Gazette 1960-104) or also called the Basic Agrarian Law (UUPA). In Government Regulation No. 24/1997 concerning land registration which is a refinement of Government Regulation No. 10 of 1961, the objectives and systems that have been used have been maintained as long as they are essentially stipulated in the LoGA. Referring to Article 49 of RI Law No. 1 of 2004 concerning the State Treasury, that State / regional property in the form of land controlled by the Central / Regional Government must be certified in the name of the government of the Republic of Indonesia / the relevant regional government. The main problems in this study are: How is Legal Certainty Regarding the Use of State-Owned Land Managed by the Indigenous People of Kec. Hulu Kuantan Kab. Kuantan Singingi? How to process settlement of customary rights and control of land within the forest area? This type of research used in this study is survey research. The method used in the preparation of this research is descriptive research, which is in the form of exposure and aims to obtain a complete picture of the legal situation. From this study that the rights to customary land are still recognized, controlled and managed well by the local customary community in groups with customary institutions the existence of customary law rights recognized in Indonesia, depending on the listing, Article 18 B paragraph 2 of the Basic Law of the Republic of Indonesia 1945 Constitution of 1945 which establishes that the State recognizes and respects the unity and integrity of customary law communities along with their traditional rights as long as they are still alive and in accordance with the development of the community and the principles adopted by the Indonesian state contained in the Law, the existence of customary rights the existence of a customary law structure, and the existence of a customary law community, Land settlement is the management of land within the forest area: settlements, public facilities, social facilities, arable land, and customary forests.

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