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Jurnal Pendaftaran Tanah

2021, Heni Suryani

The implementation of the registration of customary land rights belonging to the customary community of the old village in Batam City aims to provide legal certainty for the holders of the rights. In formal juridical terms, the recognition and regulation of ulayat rights are regulated in Articles 3 and 5, including land registration of the ulayat land rights referred to in Article 19 of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, which specifically regulates legal norms regarding land registration in Indonesia. This study uses a normative juridical research method to answer the problems studied through literature study. From the results of the research regarding the legal regulation of the registration of customary land rights belonging to the old village community in Batam, technically its implementation must be adjusted to the provisions of the Batam City Regional Regulation concerning the Batam City Spatial Plan, because some of the customary land rights in question are still in the status of Management Rights, which is controlled and registered in the name of the Batam Business Entity (BP Batam). The implementation of the said customary land registration activities has not been carried out properly, there are various obstacles in its implementation, namely there is no Batam City Government Regulation regarding the determination of the old village area in Batam City and the lack of commitment of some administrators of the Malay Traditional Institution to fight for and defend customary land rights.