Abstract
Ulayat right is a legal term related to communal rights of a community (ethnic) regarding the land environment and based on adat, collectively and hereditary. This study analyzes government policy in using customary ulayat rights. The researchers assume that environmental responsibility is related to the basic principles of environmental management: good governance, subsidiarity, and prior appropriation. The object of research in the Singingi Indigenous Territory of Riau, Indonesia, shows differences in regulations determined by the state related to economic potential and people's perception to the land. Efforts to control mining potentials have resulted in the abolition of ulayat rights, whereas the country's potential (forest potency) permits grant permits to harvest and care for forests, and the potential for agricultural potential is limited. The study concludes that the practice of the modern state has shifted collective ownership to private ownership (Shi, 2018)(Shia, 2007), but Rantau Singingi indigenous peoples have a strategy to maintain their collective ownership as an environmental responsibility. Keywords : types of ulayat rights, customary law, land use, environmental liablity and collective ownership DOI : 10.7176/JLPG/83-05 Publication date :March 31 st 2019
Highlights
Postcolonial countries have shifted the use of customary forest and land use to private property
The purpose of this paper is to evaluate the government policies regarding forest land use and strategies to support the indigenous people who first mastered the resources
Notable is a statement that agrarian law is based on customary law, but Article 2 regulates the use of land; there has been exploitation of indigenous peoples by the state
Summary
Postcolonial countries have shifted the use of customary forest and land use (hak ulayat) to private property. Riau, a province of Indonesia, has an area of 9.45 million ha, and within 24 years from, 1982–2005 lost 3.7 million ha of forests. Before Indonesia was independent, in Riau, there were 13 royal areas recognized by the Dutch East Indies that had autonomous land use rights. One of the Kingdoms that got Korte Verklarinf as Zelbestiur van Singingi was Datuak nan Baduo. Until this time, the people still held the customary rules strictly; when the Government of Indonesia granted forest concession rights and land tenure without the permission of indigenous peoples, they rejected these policies, causing a cycle of conflict. Indigenous peoples depend on the expansion of land as a source of life.(Kubitza et al 2018)
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