The Problematic of Ulayat Rights for Indigenous Peoples in Terms of National Law

Abstract

States have an obligation to acknowledge, in the sense of respecting, defending, and enforcing what is a citizen’s right. One of these is the ulayat right of mastery and ownership, which has not yet been exercised to its full potential. This research method is normative research with a statute approach and is analyzed qualitatively. The arrangement regarding ulayat rights for indigenous peoples has been regulated in various provisions both nationally and internationally but in the framework of its implementation and implementation there are problems related to indigenous peoples’ ulayat land that until now have not been resolved. Therefore, the foundation of a unused draft law that regulates the rights of indigenous peoples which will be expected through the new law not only provides legal certainty, but too to supply assurance to the status of arrive rights and there is no re-seizure of indigenous peoples’ rights to their customary lands