LEGAL CERTAINTY IN GRANTING LAND RIGHTS TO TRADITIONAL COASTAL COMMUNITIES (Case study in Bintan Regency, Riau Islands Province)

Law

Management of agrarian resources in coastal areas currently still remains problematic and has not been able to realize reform assets or access to reform. On the other hand, the enactment of the Law on the management of coastal areas and small islands tends to be slower than other laws and regulations, even though national regulatory efforts on coastal issues have been carried out by the government. The research objectives to be achieved in this research include regulating legal certainty for granting land rights, implementing law enforcement for granting land rights and identifying and knowing the obstacles faced in efforts to realize legal protection and certainty of land rights for traditional communities in coastal areas. This research was carried out in Kawal Pantai Village and Tembeling Tanjung Village. The research uses an empirical legal approach, descriptive qualitative analysis techniques. The results of the research explain that legal certainty arrangements for granting land rights to traditional communities in coastal marine areas are carried out through the issuance of certificates of use rights for plots of land used as a means of residence after obtaining approval from the Ministry of Maritime Affairs and Fisheries. The implementation of law enforcement on granting land rights to traditional communities in coastal areas is carried out by the Ministry of ATR/BPN through the PTSL certification program with priority for land plots located within the coastline as well as certification through the agrarian reform program which is implemented through the Agrarian Reform Task Force. Obstacles faced in providing legal certainty of land rights for traditional communities in coastal areas include: 1) There has been no updating of regional map data, causing some of the land plots submitted for certificates to still have the status of being in forest areas, 2) The granting of land rights has only been carried out to residential interests, so that residents who run micro-businesses where they live have not been targeted by the certification program either through the Complete Systematic Land Registration program or through the GTRA platform

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