ANALYSIS OF THE LEGAL AND TECHNICAL ASPECTS OF MARINE CADASTRE TOWARDS THE GRANTING OF BAJAU TRIBE'S SEA PROPERTY RIGHTS AS THE REALIZATION OF SUSTAINABLE SEA

• Main Author: Revidinda Putra, Briantara
• Format: Theses
• Language: Indonesia
• Subjects: Geografi historis
• Online Access: https://digilib.itb.ac.id/gdl/view/81354
• Institution: Institut Teknologi Bandung

<p align="justify">Half of the world's population lives within 60 kilometers of the coast with an increasing trend to reach three-quarters of the world's population by 2020 as coastal and marine areas influence human life. This is reflected by Indonesia as a maritime country with a sea area of two-thirds of the land area and 60% of the population living in coastal areas. This population is supported by the diversity of tribes that are scattered and occupy land, coastal, and even marine areas. One of them is the Bajau Tribe as an indigenous sea tribe in Indonesia, which has lived in the sea all its life and has a unique maritime culture for generations. The Bajau Tribe has been recorded as a nomadic seafaring tribe in history since the 13th century and is spread across Indonesian waters, one of which is the Sulawesi Sea. They build, live and conduct daily activities in floating settlements above the sea. The Bajau Tribe as one of Indonesia's ethnic groups is legally recognized by the government so that they have the same rights and legal guarantees as people who live on land. However, these conditions have not been fully given to the Bajau Tribe. There are various legitimacy issues, especially referring to the recognition of property rights to the land where they live. In this case, the government only provides certificates in the form of Building Use Rights (HGB) not as property rights. This condition will cause potential ownership status problems and violations of citizens rights, especially for indigenous peoples. Policies related to planning and management of marine space need to be optimized to realize equality so that no community is marginalized. Marine spatial governance is realized through the implementation of a marine cadastre that aims to record (administration), minimize conflict, and provide spatial guarantees, especially for indigenous peoples. Marine spatial governance can be analogous to land management arrangements in the form of parcels (zoning). A parcel must be clearly positioned in a geographical coordinate, have its area stated, contain information on rights and obligations, have a vertical datum reference, and be registered in the cadastre administration. However, so far there is no policy that establishes sea level reference as the vertical datum for marine cadastre, so the recording of information on a parcel cannot be fulfilled. This is important because it relates to defining buildings above the sea against a certain plane reference. In this case, the role of the marine cadastre must be able to provide definition and information on building parcels above the sea, especially related to the determination of vertical datum as a height reference to a certain sea level. In this research, the approaches to the legal and technical aspects of the Bajau Tribe Settlement in Samabahari Village, Kaledupa District, Wakatobi Regency are used. The legal aspect focuses on analyzing the applicable laws and regulations that have relevance to the marine cadastre to see the potential for granting sea property rights to the Bajau Tribe. Meanwhile, the technical aspect focuses on spatial studies to map objects and determine the vertical datum of the marine cadastre as a reference for the height of a building above the sea. These two aspects are the basis for consideration in granting land ownership rights to the Bajau Tribe. Based on the analysis of laws and regulations, sea property rights to land of the Bajau Tribe can be granted to building objects above the sea followed by the obligation to maintain and preserve the marine ecosystem. This reviews the appearance of the location and the status of the community. Based on the technical study, mean sea level (MSL) was selected as the vertical datum of the marine cadastre based on practical considerations, data integration and modeling approaches. The MSL in the study area has a value of 60.229 meters against the ellipsoid. In addition, the research produced a map of marine cadastre objects as a novelty that supports the implementation of the draft marine cadastre legislation in Indonesia.<p align="justify"> .