ABSTRACT

Indonesia is an archipelagic country that has more than 17,508 islands with an area of sea water of more than 75% and the length of the coastline reaching 81,000 km by taking into account the national context regarding the existing state. Thus, sustainable management of coastal and marine resources is an important part of the development strategy to improve national competitiveness. Provisions concerning the certification of small islands are also regulated in the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 17 of 2016 concerning Land Management in Coastal Areas and Small Islands. Article 9 section (1) confirms that Small Islands can be granted Land Rights. Furthermore Article 11 section (1) confirms that the Granting of Land Rights in Small Islands as referred to in Article 9 is carried out in accordance with the provisions of the legislation. The issuance of Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands (Law Number 27 of 2007) as a lex specialist in the management system and protection of coastal and small island areas in Indonesia. The problems examined are: 1. How is the strategy to protect land assets in the outermost small islands in the concept of archipelagic state in Indonesia? 2. How is the model of land asset protection in the outermost small island in the concept of an appropriate archipelagic state in Indonesia? This paper discusses legal issues with the normative method as an effort to find models and strategies for protecting land assets in the outermost small islands in concepttualization of archipelagic state that suits the conditions of Indonesia. The answer to the first problem of the concept of archipelagic state can be made only through an integrated, sustainable whole policy of all interested parties in a coordinative institution both at the central and regional levels. The adoption of all relevant laws and regulations may include ratification of agreements between neighboring countries. Its fundamental principles are nationality, protection and recognition of local wisdom and cultural-based institutions in line with the values contained in Pantjasila. The second problem answers to the formation of cross-ministerial coordinative institutions, the involvement of all interested parties, the creation of a boundary line with one basic map and the empowerment of outermost island residents in terms of social welfare, education in archipelagic context and national resilience also as well as rights registration on the outer islands to provide legal assurance and land rights certainty.