{
    "success": true,
    "data": {
        "id": 1711665,
        "msgid": "what-is-the-difference-between-customary-land-and-state-land-1777568009",
        "date": "2026-04-30 23:00:00",
        "title": "What is the Difference Between Customary Land and State Land?",
        "author": "Hilda B Alexander",
        "source": "KOMPAS",
        "tags": "",
        "topic": "Legal",
        "summary": "The Indonesian Ministry of Agrarian Affairs and Spatial Planning\/National Land Agency (ATR\/BPN) has clarified the fundamental differences between customary land (tanah adat) and state land (tanah negara), emphasising that customary land is not directly controlled by the state and remains recognised as long as the customary legal community exists and complies with regulations. Customary land is traditionally controlled by indigenous communities under local customary laws, while state land is under direct state authority and can be allocated for public interests such as infrastructure, investment, and agrarian reform. This distinction underscores the legal framework under the Basic Agrarian Law (UUPA), allowing customary land to be registered for legal recognition, whereas state land can grant rights to individuals, businesses, or government entities.",
        "content": "<p>JAKARTA, KOMPAS.com - Customary land and state land have fundamental\ndifferences in legal status, control, and utilisation.<\/p>\n<p>The Ministry of Agrarian Affairs and Spatial Planning\/National Land\nAgency (ATR\/BPN) has informed that customary land is not land directly\ncontrolled by the state.<\/p>\n<p>Minister of ATR\/Head of BPN Nusron Wahid stated that customary land\nremains recognised as long as the customary legal community still exists\nand meets the provisions of applicable laws and regulations.<\/p>\n<p>\u201cIf it\u2019s customary land, it can\u2019t be. Customary land is not a state\nconcession,\u201d said Nusron during a working visit in South Kalimantan on\nThursday (31\/7\/2025), as quoted by Kompas.com.<\/p>\n<p>Customary land or ulayat land is land controlled by customary legal\ncommunities hereditarily based on customary law applicable in the local\narea.<\/p>\n<p>Meanwhile, state land is land under direct state control and not yet\nsubject to specific land rights.<\/p>\n<p>For example, Ownership Rights (HM), Building Use Rights (HGB),\nCultivation Use Rights (HGU), or Use Rights (HP).<\/p>\n<p>The main difference between the two lies in the basis of control.\nCustomary land originates from the ulayat rights of customary legal\ncommunities, while state land is under state authority as regulated in\nthe Basic Agrarian Law (UUPA).<\/p>\n<p>In terms of usage, customary land is utilised based on the customary\nprovisions applicable in each region.<\/p>\n<p>Meanwhile, state land can be allocated by the government for public\ninterests, infrastructure development, investment, agrarian reform, and\npublic service facilities.<\/p>\n<p>Customary land can also be registered to obtain legal recognition\nthrough communal rights or other forms of rights according to applicable\nregulations.<\/p>\n<p>State land can be granted rights to individuals, business entities,\nor government agencies in accordance with national land provisions.<\/p>\n<p>The Ministry of ATR\/BPN also emphasises that old documents such as\ngirik, petok, or verponding are not proof of ownership of land\nrights.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/what-is-the-difference-between-customary-land-and-state-land-1777568009",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}