Contestation of Customary Law: Land Disputes between the Togutil Tribe and Developers in East Halmahera Regency

Abstract

North Maluku is one of the provinces whose people consist of various tribes, including the Togutil Tribe. Recently, there have been disputes between customary law communities (Togutil Tribe) and outsiders. This occurs because of the increasing expansion and exploitation of land by outsiders to reach remote areas including wilderness that was previously controlled by indigenous peoples. The purpose of this paper is to discuss alternative efforts to prevent land disputes between the Togutil Tribe and outsiders in East Halmahera Regency. This empirical legal research uses descriptive qualitative analysis method. The results of the analysis show that in principle the existence of customary law communities is regulated in Article 18B (2) of the 1945 Constitution, where the state recognizes and respects customary law communities and their traditional rights as long as they still exist and are in accordance with the development of society and the principle of a unitary state of the Republic of Indonesia as regulated by law. Therefore, the granting of legal orders must be in accordance with the laws and regulations of the Republic of Indonesia. The development of customary forest management systems as part of ecologically sustainable development requires a clear, stable, measurable and comprehensive legal basis to ensure legal certainty, protect and improve the welfare of indigenous peoples, especially the Togutil Tribe.