Abstract
This study is aimed to describe the developments and design a concept of recognition of customary marine rights in future in Kei Islands. The method of this study is juridical empirical and the specification of it is descriptive analytical. The data consists of primary data and secondary data. It is analyzed by qualitative method. This study results that the developments of customary marine rights include only in norms as a translation of customary law principles. The developments of it occur in legal subject and legal object of customary marine rights, traditional institutional structure and the customary law of Kei people. There are many factors that influence the developments of customary marine rights such as economic, social, cultural, and political factors. The principles of customary marine rights in Kei Islands are : (a). basically the using customary marine rights just for Kei people, but foreigners can use them too if knowledge of head of village; (b). communal; (c). religious-magical; (d). the highest authority in the head of village; (e).basically the using of customary marine rights only to fulfill the needs of daily living; (f). the using of rights that must be based on customary law. The concept of recognition for customary marine rights in Kei Islands in the future includes the existence legal subjects, legal objects, customary law and the functioning of the traditional institutional structure.
Highlights
IntroductionThere are about +80 million people or 1,163 communities of indigenous people who live in Indonesia (AMAN, 2012)
The most of the daily living needs of indigenous people take from the natural resources in their land
The principles of customary marine rights in Kei Islands are : (a) basically, the using customary marine rights are just for Kei people, but foreigners can use them too if knowledge of head of village; (b) communal; (c) religious-magical; (d) the hig1h3es5t authority is the head of village; (e) the use of customary marine rights only to fulfill the needs of daily living; (f) the use of rights must be based on customary law
Summary
There are about +80 million people or 1,163 communities of indigenous people who live in Indonesia (AMAN, 2012). Indigenous people are a community of people who have special characteristics. One of special characteristics of them is the high dependence on the natural environment for their live survival and life. The most of the daily living needs of indigenous people take from the natural resources in their land. The dependence on natural resources to fulfill the needs of daily living continues over time from one generation to another generation.
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