Community Rights to Land

Based on Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles ("UUPA"), it is regulated regarding the types of land rights granted to a person and owned by a person, both individually and jointly with other people and legal entities.

The types of land rights are divided into three groups. First, permanent land rights, namely ownership rights, cultivation rights, building use rights, use rights, lease rights for buildings, land clearing rights, and rights to collect forest products. Second, temporary land rights, namely collateral rights, sharecropping rights, lodging rights, and agricultural land lease rights. Third, land rights that will be stipulated in the law.

Article 6 of the UUPA explains that all land rights, including ownership rights, have a social function regardless of the status of the underlying rights and land controllers. This confirms that all land rights that exist in a person cannot be used solely for their personal interests, even if this can cause harm to the community.

The use of land must be proportional between individual and community interests so as to realize community prosperity and justice without reducing the interests of the owner of the land rights and can protect the rights of the community.

However, the application of the social function of land rights through land acquisition policies often creates problems in society. The term “public interest” is used as a barrier by both the government and entrepreneurs to obtain personal gain. The government's actions are considered an effort to take community-owned land arbitrarily because its implementation is considered less supportive of the rights of the community as holders of original land rights.

To protect human rights, especially the rights and interests of land-owning communities who are victims of land acquisition, principles must be applied in accordance with the Land Acquisition Law. The application of this law is to ensure the implementation of land acquisition for development for the public interest, which is carried out by prioritizing the principles of humanity, justice and democracy.