Eksistensi Hak Komunal Masyarakat Hukum Adat dalam Kebijakan Penataan Aset Reforma Agraria

The Law No. 5 of 1960 brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy that was stipulated in the Decree of the People's Consultative Assembly of the Republic of Indonesia No. IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and was further regulated in the Presidential Regulation No. 86 of 2018 concerning Agrarian Reform. This presidential regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. Agrarian disputes and conflicts have the potential to occur with regard to the recognition of the existence of communal rights for the customary community which is explicitly mentioned in Ministerial Regulation ATR / Ka.BPN No. 10 of 2016, which seems to imply that customary communities no longer have their existence recognized in Indonesia This article analyzes about whether the legalization of agrarian reform assets has met the requirements of ownership and/or physical control of land for the customary community. This paper is a legal research that uses the statutory and conceptual approaches that examines the recognition and use of customary land by using the norms contained in the legislation. The implementation of Agrarian Reform as outlined in Presidential Regulation No. 86 of 2018 have not been able to solve the problem of land titles owned by the customary community which are characteristic of the subject of communal rights. Regulation of the Head of the Land Agency No. 10 of 2016 is only able to respond to the few demands of customary society as subjects of agrarian reform over a land tenure that occurred in Indonesia