Legal Protection of Ulayat Lands of Indigenous Peoples Against the Threat of Land Commercialization

Abstract

The existence of Communal Lands is increasingly threatened by the power of capital through various means which then excludes and even eliminates community access to their customary lands and forests. The issuance of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration which states that Customary Land, which in this case is Communal Land, can be granted Management Rights, creates new problems, namely prone to commercialization of the land. The existence of the potential for commercialization will certainly have an impact on the survival of the customary law community in the area. This study will analyze the nature of the protection of the rights of indigenous peoples to customary lands and the urgency of legal protection of customary lands of customary law communities from the potential for commercialization of land. This research is a normative legal research using a statutory approach, a conceptual approach, a historical approach and a philosophical approach. The results of the research conclude that the nature of the protection of the Rights of the Indigenous Law Community on Ulayat Land is to respect and protect local cultural identity and preserve nature in the area and also universally the existence of indigenous peoples has been recognized. The urgency of legal protection of the customary land of customary law communities from land commercialization is to preserve nature and the survival of the indigenous peoples themselves. The existence of normalization of the legal protection of the rights of indigenous peoples over customary land will be able to provide justice in the event of land disputes with large investors.