Pendaftaran Tanah Adat dan Upaya Memperoleh Kepastian Hukum di Kabupaten Rejang Lebong Propinsi Bengkulu

Abstract

The Agrarian Basic Laws is a regulation applied for a national either for its size and the content, oriented upon and care for people interested and modify fundamentally the old lands juridical in dualism cause a lost for people. The Agrarian Basic Laws is a realization of Article 33 verse (3) of the Constitute of 1945. This registration of adat lands is aimed to assure a legal assurance, as it is until now proprietary right of adat upon lands still not executed the register yet. The objective of this research is to resolve the problem and any barriers about the adat land laws at Kabupaten Daerah Tingkat II Rejang lebong, Bengkulu Province. For registration of adat proprietary right is to implement a legal assurance, orderly of land application and for administration correction on lands. This research is an analytical descriptively, the aim is to mention accurately about the registration of land analyze it from juridical side and regulations relating with land registration. respondent is involved with a non-probability with a purposive method numbers 80 respondents. The research method is carried out by distribute questionnaires and compiled with a direct interview on respondent and data to analyze in qualitatively and quantitatively in a form of frequency, and then to discuss by compare them with the theory of agrarian laws. The result of this research show, in executing a registration on adat proprietary right cause some problems and barriers either from government or holder of right on land. for the barriers from people is perhaps for shortage understanding the function of certificate, so people, however, will not like to register the right on land, the procedures is taken too long, resulting bears as assume the adat laws applied among people is quite strong to regulate case the lands, either on sell-and- buy, grant and inheritance. While the barriers from government (in this case BPN), is unavailable written proof towards right on land and limited the cost and power in performing land registration, as well as Lackage spreading information to those people, this resulting in shortage understanding on the advantage of certificate. In performing a mutation of right either by sell-and buy, grant and inheritance, there are still many conducted by people itself, before chief of village and proof of right ownership found on people, namely with by seal established by chief of village and written proof made with family. Beside the about proof there are an unwritten proof, is process of making continuously, to plant then some heavy plants and by limitation and margin with any signs put down by the holder of proprietary right. In order to overcome that problem, the afford made by the National Lands Agency (BPN), to provide not limit of time for submitting registration of right as listed in letter of acknowledgment right. For adat proprietary right with a written proof is no necessary to converse it, however, for the expensive cost is awarded simplification payment system for adat proprietary right registration.