Menteri ATR Terbitkan Certificate Tanah Ulayat Suku Baduy Awal 2024

SERANG - Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Hadi Tjahjanto said he would issue a certificate of customary land for the Baduy tribe in early 2024.

"Immediately, in early 2024 I also came here to submit a certificate of customary land for the Baduy customary law community," he said during the handover of land redistribution certificates and thanksgiving for resolving agrarian conflicts and acknowledgment of joint property rights on farmer land in Gunung Anten Village, Cimarga District, Lebak Regency, reported by ANTARA, Friday, October 27.

Hadi revealed that the customary land certificate of the indigenous Baduy legal community was one of the main highlights when he was first appointed as Minister of ATR/Head of BPN in 2022.

"I am afraid that if it is not certified, it will disappear," he said.

However, the former TNI Commander said that the customary land certificate was constrained by local government regulations, so he also asked the Regent of Lebak, Banten, to immediately revise the rules that could protect the customary land of the Baduy Tribe.

Minister Hadi said that customary legal land certificates must be in the name of the communal so that they can be protected and not easily traded.

This is as has been applied to the customary land of Minangkabau and Papuan indigenous peoples, which some time ago was handed over,

"I just submitted the customary land certificates for indigenous law communities in Minangkabau and Papua. I submit them communally and they are currently automatically, legally, protected. There will be no customary land overlapping with HGU and HGB," he said.

In addition to administrative regulatory issues, Minister Hadi revealed that the certification of customary land is also constrained by the assumption that the owner of customary land must pay taxes. Not to mention the assumption that the land that has been certified will later be sold by the owner.

"I explained yes. As long as it's a traditional land certificate, there is no tax. There is no tax. As long as the customary land certificate is given communally, it cannot be sold. So what people are worried about, it doesn't happen," he said.

Hadi explained, if customary land that has been certified is involved in the Right to Use Business (HGU) contract with investors, indigenous peoples are entitled to the land after the contract with their investors expires.

As for if it has not been certified, then after the HGU ends, the status of the land will return to the state as stipulated in the law.

"Hopefully, before the end of 2023 or early 2024, the regional regulation will be completed so that we can immediately issue a certificate of customary land for indigenous peoples," he said.

Lebak Regent Iti Octavia Jayabaya said that around 5,100 hectares of land are customary rights for indigenous Baduy people, but in fact there are often land conflicts with the surrounding community.

"Hopefully this Baduy community area can be included in the communal certificate redistribution program," he said.