Kewenangan Hak Menguasai Negara Atas Hak Ulayat Pada Kawasan Hutan Lindung

Abstract

This article aims to analyze about the existence of customary rights in indigenous law Abstract: Customary rights in the Customary Law community have been regulated in the Basic Agrarian Law Act. So the state in this case makes efforts to protect indigenous and tribal peoples in Indonesia while maintaining the usefulness, local wisdom, social and culture in the use of customary rights. This writing aims to further analyze the existence of customary rights in customary communities in the region protected forest. This article uses normative legal research. As stipulated in Article 33 paragraph 3 of the 1945 Constitution that the earth, water and natural resources contained therein are controlled by the state and used for the greatest possible prosperity of the people. By interpreting more specifically the relevance of the issue of customary land rights belonging to indigenous and tribal peoples in protected forest areas with the dynamics in the community.