THE EXISTENCE OF ADAT LAND POST-ENACTMENT OF LAW NUMBER 6 YEAR 2014 ON VILLAGE Ω

Post-Enactment of Law No. 6 Year 2014 on village, a village is divided into two: villages and adat villages. Adat village may have adat land assets. The law will not be explained in more detail, in addition to the Regulation of the State Minister of Agrarian/Head of National Land Agency No. 5 Year 1999 which was repealed in 2015 resulting in a legal vacuum in the regulation of traditional dispute resolution. This research apllied statute and conceptual approach while the analysis was conducted qualitatively, by pointing to the principles and procedural law as well as analyzing the various factors of social, economic and political process and procedural subtantive resolution of cases. The causal factors do not explain the existence of adat land which is not accommodated by local regulations as an obligation for local governments to undertake research and data collection ulayat lands in their area, as mandated by Law Number 23 Year 2014 which was confirmed by Regulation Number 38 Year 2007 and Law Number 6 Year 2014.


Introduction
Indonesia as a unitary state based on the principles of decentralization provides an opportunity and freedom to the regions to organize local autonomy.Local Autonomy as a response to the demand for the changing of centralized state policy pattern and authoritarian government is expected to empower the local optimally.The main autonomy principles includes: first, implementation of the local autonomy is to respect democracy, justice, equity and the potential and diversity of the regions; second, the implementation of local autonomy is based on broad, real, and responsible autonomy; third, the implementation of local autonomy should further enhance the autonomy the autonomous region; fourth, the implementation of local autonomy should enhance the role and function of the local legislature, both function of budget and organization of government.It can be said that the spirit of local autonomy is to build the local autonomy and enhance its democratic life in society. 1 Efendi Berutu said that the word government may be defined in either broader or narrower sense.In broader sense, it means the entire functions of the state such as the legislative, executive and judicial body.While the government in the narrower sense refers to the executive body only. 2 Since 1998 reform, There is a demand to implement the local autonomy namely a freedom of local government (dicretionary power) to govern itself based on innovation, creativity and society's active role in developing the region,3 including village government.
After Indonesia independence, the position of village as an autonomous entity was retained.It can be seen by placing village as a level III of region based on Law Number 22 Year 1948 on the Establishment of the Basic Rules Regarding Self-Governing Regions which are entitled to organize and manage their domestic affairs. 4Village government is an operation of government affairs and public interests in the governance system of the Republic of Indonesia.Village Administration is a subsystem within the national systems of governance so that the village has the authority to regulate and manage the social interests.The rationale basics are diversity, participation, real autonomy and empowerment.Village is a legal community unit which limitedly regulates and manages the affairs of government, the public interest, origin and/or adat rights recognized and respected in the governance system of the Unitary State of the Republic of Indonesia.The existence of the village in terms of territorial aspects of a region has existed long before the Unitary State of the Republic of Indonesia was formed.At present, 73,000 (seventy three thousand) villages (desa) and about 8,000 (eight thousand) villages (kelurahan) are identified.5Therefore, its existence shall be appreciated and given a survival assurance in Unitary State of the Republic of Indonesia.
Village is an autonomous institution with the legal traditions and customs and relatively independent.Regulations on the village government is formulated in line with regulations governing state administration of Indonesia The provisions concerning the autonomy also have an impact on the village autonomy which is now regulated by Law Number 6 Year 2014 that it is led by a village head.
Under the provisions of Article 76 of Law Number 6 Year 2014, it stated that the assets of Villages may be a village treasury land, adat land (ulayat), the village market, animal market, boat moorings, village buildings, fish auction, agricultural auction, village forests, the spring property of the village, public baths and other assets belonging to the Village.Land is considered as one of the eternal and permanent treasures to be invested for future since the existence of the land itself lasts more than human life.In fact, the community recognize a right of eigendom, right of Opstal, right of erfpacht and right of people or bumiputera who is subject to the adat law which is unwritten belongs to the local people.It is often called as the adat land e.g.ulayat land right, Yasan land, Gogolan Land and the other land. 7herefore, human has put the land as a thing that always gets special attention and management as well as human efforts to ensure land tenure.The basic philosophy that must be understood when we talk about land as adat rights is about the relationship between people and the land.This is closely related to kinship, power, leadership, livelihoods, rites and spiritual realm often called as 'religio magical' relation.This makes the land is considered as an integral part of the one's personality.There is a forceful bond to the land but it does not mean sacred.Rather, human spiritual relation with the land is holy. 8Recognizing the importance of the function of land, consequently, the government shall improve processing, setting and maintenance of land as the source for the welfare and prosperity in accordance with the provisions of the given government legislation.
The land itself has previlege status in people's life until present.Many Indonesian people consider land as a symbol of social status.According to them, land is a socio-cultural root and be a symbol of self-existence so the value of land is more than just the price of a commodity.9In reform era, many local governments massively exploit land or forests and provide the license or concession to private companies to utilize the areas in order to generate the income needed by the local governments.

Problems
In regards to the description, this paper seeks to analyze issues related to the existence of Adat Land as one of the village assets after the enactment of Law Number 6 Year 2014 on village.

Research Method
This research is legal research which may provide an input on setting up and management of adat land (ulayat land)  local government, village government, asset area or village associated with the land position of the village treasury as a source of village income properly managed for welfare of rural communities.In addition, this study also conducted case study approach to analyze and assess the issue-related cases.To analyze the data qualitatively either by pointing to the principles of law (such as the legal principles of legislation) or the requisite procedural law was conducted as well as to analyze the various factors of social, economic and political in the process which affects the procedural and substansive case settlement of adat lands.

Discussion
Definition of adat law society by Ter Haar, is: "groups of constant and organized society that have its own power, both tangible and intangible".12World Bank prepared a number of criteria for adat groups:13 first, have close relations with the region descendants and natural resources in the region; second, determine the identity and identified by others as members of a distinct cultural group; third, have a native language that is often different from the national language; fourth, have the adat structures in the social and political; and fifth, production is mainly oriented subsystem.
Firsty Husbani said that communities have their own adat laws.In terms of management of natural resources, they have a variety of policies to fit in their life philosophy.For example, the concept of adat land rights, basically, adat rights is a guideline in the management of natural resources, how the authority communities should organize and plan the use of natural resources, establish legal relations of its members with resources and take care of issues related to the of resources by outsiders.Generally, people call adat land by two senses: first, the land " Former property rights of " including Girik, Petok, Rincik, Ketitir Land derived from adat lands or other lands that have not been converted into one land with certain rights (HM, HGU, HGB, HP) and has not been registered (certified) at the local land Office; and second, privately owned land (adat) communities of adat law: Titian Land, Watering Land, treasury land village, tanah bengkok and others.
Adat rights (beschikkingsrecht) is a legal partnership rights for land and is not individual rights. 15In General Explanation II item 3 of Article 3 of adat rights known by the national agrarian law comprises two terms.Terms of Existence (existence), adat rights which are recognized as long as the fact exists.Adat rights must not contradict with the Law and the higher legislation, yet, it is eliminated since adat right is fully enforced by local adat law.
Through the government's political law, the rights of adat communities degraded as a result of the insistence of government policies that only look land for economic aspect only.Even in certain circles adat and traditional laws actually are afraid as a danger or threat of democratic civilization and human values. 16Accordingly, it needs to be balanced by law populist politics through the empowerment of autonomy (the inventory of existing public rights), in the future the village is necessary to be subject of management rights.17

Adat Land and Law concerning Local Government
In In the implementation, the regulation concerning the village cannot accommodate all the interests and needs of the village community, which until now numbered about 73,000 desa and about 8,000 kelurahan.Implementation arrangements of the village is so far applicable and no longer appropriate to the times especially regarding the position of adat law society, democratization, diversity, community participation, as well as progress and equitable development.It raises the gap between regions, poverty and social and cultural issues that can interfere integrity of the Unitary State of the Republic of Indonesia.
Law Number 6 Year 2014 prepared by the spirit of the constitutional mandate implementation, the arrangement of communities in accordance with the provisions of Article 18B paragraph (2) to be managed within the government structure in accordance with the provisions of Article 18 paragraph (7).The authority of adat law community unit on setting the adat rights refers to the provisions of the related sectoral legislation.By construction which combines the functions of a self-governing community with the local self-government, it is expected that adat law community unit which has been a part of the village is to be arranged into the Village and the Adat Village.
Adat village was originally known as the 'village' alone.However, when Dutch colonial established another village with a special task under government administration level, there was confusion about 'desa' definition.Therefore, to provide specific differentiation, the different villages functions and duties are named respectively 'adat village ' and 'official village' or 'administrative villages'. 18 The village and the Adat Village basically perform similar tasks; the only difference is in the implementation of the right of origin, especially regarding to social preservation of adat village, regulation and management of adat territories, the adat trial of peace, the maintenance of peace and order for the people of adat law, as well as setting the exercise of government based on the original order.Adat village functions as administration, finance village, village development, as well as facilitation and support received from the residence/ city government.In this position, the Village and the Adat Village receive equal treatment from the Government and Local Government.
The village has common characteristics in Indonesia while Adat Villages are different in terms of strong custom influences on the local government system, the management of local resources social and cultural life of the village.Adat Village in principle is a legacy organization of local community governance maintained for generations, still recognized and led by the leaders of adat villages in order to develop social welfare and local cultural identities.Adat Village with the right of origin is more dominant than that of village since the adat village was born as a native communities that exist in society.Adat Village is a traditional law community unit which historically have boundaries and cultural identity that is formed on the basis of territorial authorities to regulate and manage the interests of the village community based on origin right.
Therefore, as it develops, the Village and Adat Village can change into effective village governance, implementation of efficient development as well as community development in the region.In the same status as it was, the Village and the Adat Village are governed separately in Law Number 6 Year 2014.
In regards to adat land or communal land in the provisions of article 76 paragraph (1) of Law Number 6 Year 2014 concerning Village, it states that adat land is one of the village assets: "Village Assets can be land of the village treasury, communal land, the village market, animal market, mooring boats, building the village, the fish auction, the auction of agricultural, forest belongs to the village, the villageowned springs, public baths and other assets belonging to the village".
Criteria and determination consist of three elements namely the communities existence, adat rights and traditional legal order regarding the maintenance, control and use of adat land force and adhered to by the adat law communities.Research and determination of the adat rights of local government include experts adat law, adat law community in the regions concerned, NGOs and agencies that manage natural resources.The existence of adat lands of communities are still expressed in base map of land registration by affixing a sign of cartography and, where applicable, describing its limits and recording it in the land registry.Thus, the rules effectiveness on adat rights recognition depends on local government initiatives to conduct research as a basis for determining the existence of adat rights in the regions concerned by involving the concerning parties to assure results objectivity.
Regulation of the State Minister of Agrarian/ Head of National Land Agency Number 5 Year 1999 provides a very large portion to the local government as an autonomous region.Thus, needless to say, the local government residence/ city is the first line to protect adat rights.Through delegation of authority, there is an expectation to local government to manage land more effectively and efficiently as well as to balance the land dimension of economic and social functioning for better arrangement of the use and utilization of land.

Conclusion
Adat rights are recognized its existence in the national land law.The existence of adat rights in certain peoples can be seen on the daily activities of traditional elders and leaders as a duty bearer authority to regulate the acquisition and lead communal land use which is the land with the citizens adat law is concerned.Based on the research results, not all regions founded Local regulations specifically govern the protection of adat rights of the local people, either recognition, borders or legalization stewardship in communities.This is due to unheard local regulations which is an obligation for local governments to undertake research and data collection on lands in their area.

Suggestion
Local governments and village governments mainly adat villages need to establish local regulations for local government of residence/ city concerning the protection of adat rights of local communities as confirmed by the Government of the Adat Village with adat village regulations, including the determination of boundaries and territories.The local regulations can reduce their potential conflicts arising among governments, investors and local communities adat law which still has ownership rights.
Kepemilikan Tanah Hasil Konversi Hak Barat Berdasarkan UU No. 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria Dihubungkan dengan PP No. 24 tahun 1997 tentang Pendaftaran Tanah", Jurnal Ilmu Hukum, Vol. 3 No. 1, Pekanbaru: Faculty of Law Universitas Riau, page 3. Afifah Kusumadara, "Perkembangan Hak Negara Atas Tanah: Hak Menguasai Atau Hak Memiliki?",Jurnal Me-The Word Commission on the Social Dimension of Globalization formed by International Labour Organization (ILO) in February 2012 in their report entitled "a Fair Globalization: Creating Opportunities for All", noting that the activities of the mining industry have a negative impact on local people even the environment in which they interact. 11Post-enactment of Law Number 6 Year 2014, the existence of adat land is still not clearly regulated which results in the vacuum of law.Besides, the removal of Minister Regulation of Agriculture Number 5 Year 1999 on Guidelines for Problem Solving of Ulayat Rights of Adat People by the provisions of the Minister of Agrarian and Spatial Planning/Head of National Land Agency Regulation Number 9 Year 2015 was repealed by the Regulation of Minister of Agrarian and Spatial Planning/Head of National Land Agency Number 10 Number 2016 concerning Procedures for Determining the Communal Land Rights of Adat People and Communities in Particular Area.
14Firsty Husbani, " In the Basic Agrarian Law recognized the term adat rights but until now the existence of adat rights still becomes an issue in the national land laws.Likewise, its status within communities themselves gives the existence of adat rights which some are still very strong but some other diminish even vanished.Based on the table above, those are not implemented by the central government but implemented by the provincial government and residence/ city governments.