Challenges and Legal Certainty of Land Rights for the Bajo Tribe in the Context of SDG 15: Perspective of Building Use Rights and Ownership Rights

Abstract

Objectives: This study aims to analyze and determine the legal certainty of land rights for the Bajo tribe, which lives in the sea waters. In line with Sustainable Development Goals (SDG) 15, which promotes sustainable use of ecosystems and the rights of indigenous communities, this study highlights the importance of securing the Bajo Tribe’s land rights. Method: The research method used is empirical legal research, which uses empirical facts taken from human behavior. The collected data were analyzed using qualitative legal analysis methods, and the results were presented using descriptive-analytical methods. Results and Discussion: The conclusions from this research show that the Bajo Tribe has a legal basis for obtaining legal certainty over the area where they live. The state now recognizes the Bajo Tribe community, which lives on the sea, by issuing HGB certificates. It has a maximum period of 30 years and can be extended for 20 years. Furthermore, HGB can be upgraded to Freehold Rights by applying with the provision that the HGB is still valid or has expired and in the name of the rights holder who is still alive or deceased.