Legal Reconstruction of Land Rights Allocation for Coastal Land Based on Justice Values

Abstract

This research analyzes the weaknesses of the Land Rights Allocation for Coastal Communities and finds a legal reconstruction of the Land Rights Allocation for Coastal Communities based on justice values in Indonesia in a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the Weaknesses can be seen from the fact that coastal communities have been given land rights for generations based on Minister of Agrarian Affairs and Spatial Planning/BPN Regulation Number 17 of 2016. Regulations on granting land rights to coastal communities have been implemented, but are not yet optimal, and the legal certainty has not yet been explained in detail the definition of the people who can be given Land Rights Land (indigenous communities/local communities/traditional communities), no clear boundaries, and no hereditary criteria. From a legal conceptual perspective, there will be confusion if a land-over-water settlement is given a clear certificate of ownership issued by the Land Office but the object to which the Certificate of Ownership of Land is entitled is actually on water, there needs to be an appropriate policy formulation to address this issue. so that legal certainty for people living in settlements on water can be realized. Therefore, the Regulations related to granting land rights to communities in coastal areas need to be harmonized and reviewed regarding the substance of the purpose and function of the certificate itself so that it can guarantee legal certainty and legal protection for holders of land rights certificates to improve community welfare in a broad sense.