Non-Registered Coastal Land Tenure and Community Protection in the Energy Transition Era

Faculty of Law, Trunojoyo University of Madura, Bangkalan, Jawa Timur, Indonesia

^* Corresponding author: rina.yulianti@trunojoyo.ac.id

Abstract

Community tenure over unregistered state land in coastal areas, such as former fish ponds, coastal boundaries, and reclaimed land, has existed for generations but lacks formal legal recognition. The absence of normative integration between key agencies, particularly the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and the Ministry of Maritime Affairs and Fisheries (KKP), leads to overlapping authority in coastal land management. In the era of energy transition and circular economy, this legal vacuum increases the risk of marginalizing coastal communities from their living space and resources. This study examines the impact of disharmony between land and maritime regulations on the legal protection of communities controlling unregistered land, particularly in the context of expanding renewable energy and circular economy projects. Using a normative legal approach, it analyzes legal instruments such as the Basic Agrarian Law (UUPA), Coastal Law, Spatial Planning Law, Government Regulation, and KKPRL policies. It also refers to Constitutional Court Decision No. 3/PUU-VIII/2010 and the principles of UNCLOS. Findings show that the lack of harmonization between land registration and marine spatial planning permits fosters conflicting jurisdictions, digital disparities, and weak legal standing for local communities. An integrated legal framework is needed to recognize social tenure, support system integration, and ensure legal protection and ecological justice.