What is the Difference Between Customary Land and State Land?
JAKARTA, KOMPAS.com - Customary land and state land have fundamental differences in legal status, control, and utilisation.
The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) has informed that customary land is not land directly controlled by the state.
Minister of ATR/Head of BPN Nusron Wahid stated that customary land remains recognised as long as the customary legal community still exists and meets the provisions of applicable laws and regulations.
“If it’s customary land, it can’t be. Customary land is not a state concession,” said Nusron during a working visit in South Kalimantan on Thursday (31/7/2025), as quoted by Kompas.com.
Customary land or ulayat land is land controlled by customary legal communities hereditarily based on customary law applicable in the local area.
Meanwhile, state land is land under direct state control and not yet subject to specific land rights.
For example, Ownership Rights (HM), Building Use Rights (HGB), Cultivation Use Rights (HGU), or Use Rights (HP).
The main difference between the two lies in the basis of control. Customary land originates from the ulayat rights of customary legal communities, while state land is under state authority as regulated in the Basic Agrarian Law (UUPA).
In terms of usage, customary land is utilised based on the customary provisions applicable in each region.
Meanwhile, state land can be allocated by the government for public interests, infrastructure development, investment, agrarian reform, and public service facilities.
Customary land can also be registered to obtain legal recognition through communal rights or other forms of rights according to applicable regulations.
State land can be granted rights to individuals, business entities, or government agencies in accordance with national land provisions.
The Ministry of ATR/BPN also emphasises that old documents such as girik, petok, or verponding are not proof of ownership of land rights.