The Legal Standing of Ulayat Rights and Communal Rights of a Land Based on Knowledge and Kindship of Community System of the Sentani Customary Law in Jayapura Regency, Papua

Abstract

The purpose of this research is to show the different implementation of ulayat rights concept and the communal rights of a Land on the customary law community, after the enactment of Permen ATR/Head of BPN No. 10 of 2016., from the aspect of legal subject, object, characteristics, the validity is the same of not on the implementation based on the knowledge and the kindship system of the 9 (nine) ethnic group of customary law community in 12 (twelve) region of customary regency Jayapura, Province of Papua. This research using normative-juridical and empirical-juridical approach with a secondary legal material, observation, and interview, then the analysis has been done qualitatively which the reduction, presentation of legal material and verification. The Result showed that there are a perception differences on the government knowledge and customary law community knowledge of 9 ethnic group in 12 customary region on 4 development area of Jayapura. Especially the customary community of Sentani which are in the one of the development area, knows that the ulayat rights or communal rights is a common rights beside the individual rights, is different on its implementation. It means that for the 9 ethnic group of the customary law community of Sentani the concept of Ulayat rights are broad public rights and limited private rights to land, held and done by the head of the tribe, klen, and the main family, while the concept of communal rights is limited to the public rights and broad on the private of the land which done by the klen and the main family including the individual rights of the customary law community. The recognition of both differences of the concept on the implementation of ulayat rights and communal rights of 9 tribal ethnic group of Sentani on 12 sub-region of customary area of Jayapura, based on the knowledge and the legal system of kinship (the history of origin) genealogically and customary territorial and customary institution (social structure), the system of keondoafian leadership which are run until today, there are no legal certainty as the effort to overcome the differences in the concept of implementing ulayaat rights and communal rights as well as individual rights of the Sentani customary law community, Jayapura.