Controversies on The Existences of Indigenous Lands in Indonesia (A Study of Kampung Tua Tanjung Uma in Batam Island)

Shahrullah, Rina Shahriyani and Syarief, Elza (2015) Controversies on The Existences of Indigenous Lands in Indonesia (A Study of Kampung Tua Tanjung Uma in Batam Island). In: Controversies on The Existences of Indigenous Lands in Indonesia (A Study of Kampung Tua Tanjung Uma in Batam Island, Universitas Intenasional Batam. (Submitted)

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Abstract

The Indonesian Law No.5 of 1960 regarding the Fundamental Land Regulations recognizes the existences of indigenous lands (tanah adat) which are owned by Adat Communities as their communal lands. Previously, Batam City had 36 areas of Kampung Tua (Old Villages) which were inhabited by the traditional Malay Ethnics with its Malay adat institution. Although Kampung Tua may be regarded as “tanah adat”, Tanjung Uma will be allocated as business areas by the Batam City government based on the Land Management Rights (Hak Pengelolaan Lahan). During 2014, several protests against the government were expressed by the Tanjung Uma communities. They demanded that the Batam City Government had to formally declare Tanjung Uma as Kampung Tua, consequently it cannot be transformed into business areas. Controversies have arisen regarding the status of Tanjung Uma as a Kampung Tua because people live in Tanjung Uma are not only the Malay ethnics. It is also questioned whether the Kampung Tua recognition would automatically convert the Tanjung Uma lands into “tanah adat” in the absence of its single adat institution. It is further questioned whether the Kampung Tua recognition will give the rights to the Tanjung Uma people to sell their lands or build modern housings which are not reflected the local traditional cultures. To answer these questions, this study aims to analyze the approaches of national and local land laws and regulations to determine the status of Tanjung Uma. This study also provides the feasible solutions to end the controversies of the Tanjung Uma status.

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