3. Customary Law Community Rights

Land control by customary law communities arises from the legal relationship between customary law communities in a certain area and the land in that area, and gives authority to the customary community to do something to the land in question. Doing something here is divided into civil authority which is permanent as long as the customary community exists, and public authority whose management is handed over to the traditional leader. The existence of customary law community rights is still recognized by the UUPA as long as the customary community that owns the land in question can prove its existence.

Since the enactment of the UUPA (Law No. 5 of 1960), customary rights have been included as part of the rights of the Indonesian nation. Land included in the scope of customary rights is resolved in such a way that if the land has the status of freehold or right to use, its status is converted into a new right according to the UUPA, or if its status is customary land (vacant land), then the land is considered to be part of state land. This right is further explained in article 3 of the UUPA.

4. Individual Land Rights (HPAT)

HPAT is a land right that arises because of a legal relationship with a plot of land whose subject/right holder is an individual or legal entity. The authority of individual land right holders is the authority to do something to a plot of land they control, and juridical control of the land which is marked by a certificate of proof of rights or STBH which signifies legal control of the land. There are various types of individual land rights, consisting of land rights (freehold, HGU, HGB, Right of Use, and the like), land collateral rights, waqf land rights, and Ownership Rights to Condominium Units.

Reference source:

  • The 1945 Constitution of the Republic of Indonesia (article 33 paragraph 3).
  • Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles.
  • Harsono, Boedi. Rev. Ed. 2020. Indonesian Agrarian Law: History of the Formation of the Basic Agrarian Law Act Contents and Implementation - Volume 1. Trisakti University Publisher: West Jakarta.