MANAGEMENT OF CUSTOMARY LAND BY THE LAND BANK AGENCY TO IMPROVE THE WELFARE OF THE COMMUNITY OF CUSTOMARY LAW

The Land Bank Agency can be categorized a special agency authorized to manage state land and ensure its availability for a sustainable, equitable economy. The Land Bank Agency acquires plots of land in several different ways. Sometimes, the government gives land to the Agency. Other times, it is given land by other parties, including land owned by a community of customary law. The Land Bank Agency can then cooperate with these communities to manage the land. However, obstacles arise when customary land is owned by communities lacking legal rights, despite constitutional and regulatory principles acknowledged and deferred by the Indonesian state for a community of customary law and customary rights. This recognition is provided as long as the communities and their rights exist in accordance with societal progress and the concept of the unity of Indonesia, as stipulated by legislation. The objective of the research is to provide an answer to the following question of whether the Land Bank Agency can manage land owned by a community of customary law without certificates in order to improve their welfare. The research employs a normative legal approach, utilizing relevant legal literature, the Constitution, and legislation. The analysis revealed that communities of customary law and their land is acknowledged and held in high regard by the Constitution and national land law. Customary land can be administered or recorded in the customary land register, which contains the identities of customary land parcels and a numbering system obtained from cadastral measurement and mapping results. Land documented in the Traditional Land Registry is considered official. The Land Bank Agency can manage registries through a land management cooperation agreement, thereby making customary land productive and improving the welfare of the community of customary law. After the government puts customary land in the Customary Land Register, it can be submitted to the Minister for a management rights application, which affirms land rights. Indeed, the community of customary law has the capacity to regulate the registration of customary land as proprietary interests. Concerns have been voiced regarding proprietary interests, which represent the most robust and comprehensive land rights conceivable.