Customary Rights Research Articles

Adivasis as Ecological Warriors: Colonial Laws and Post-Colonial Adivasi Resistance in India’s Jharkhand

The growing divide between the capitalist mode of development promoted by the state and the participative development model suggested by the people has brought ecology, environment, and existence to the core of all contemporary debates. The Adivasi (indigenes) who constitute 8.6 percent of the entire population of India are engaged in a constant battle to save their ecology and landscape. Represented as communities whose existence is intertwined with ‘Jal, Jungle, Jameen’ (water, forest, and land), Adivasis are the most prominent communities facing dispossession and displacement from their roots to further the ideology of development in which they have no stake. The notion of Adivasis as ‘savage’, ‘primitive’, and ‘backward’ communities that are incompetent of ‘developing’ themselves, resulting in their ‘backwardness’ gets carried over from the colonial to the contemporary period. Exposed to the processes of mining and industrialisation, Adivasis and their ecological resources have been exploited since the colonial period to suit the development model of the state. The Adivasi notion of selfhood was overlooked in the process of making the areas inhabited by them zones of ‘exclusive governmentality’. The paper argues and analyses this transformation process of Adivasis into ecological warriors; a process in which they used their shared, remembered and lived past to assert their customary rights. Basing the study on three environmental movements of state of Jharkhand in Central India, namely the Koel-Karo movement of the 1980s, the Netarhat movement of the 1990s, and the Pathalgadi movement of 2017–18, the study underlines that the Adivasi of Jharkhand anchored on their customary rights as a weapon, to protect their ecology and landscape against various state-sponsored development schemes. Drawing on the methodology of field investigation, interaction with the NGOs, government reports and media reports, the article argues that these community struggles are rays of hope for a global ecological future.

Land Access Modes and Agricultural Productivity in Benin

Improving productivity is an important channel for satisfying household food needs through food availability. Increasing the productivity of small-scale farmers is linked to a number of factors, including land access, labor, chemicals, fertilizers and so on. Most farmers resort to expanding their cultivated areas to increase production because of insufficient financial resources available for purchasing inputs during agricultural seasons. This situation, combined with increasing pressure on land, does not favor agricultural production and, by extension, food security. This study therefore assesses the impact of different modes of access to land on agricultural productivity. Regime-switching multinomial regression techniques were used to account for endogeneity bias due to observed and unobserved factors. The results of the study show that access through free loans, tenancy and sharecropping negatively affect agricultural yields. The counterfactual analysis reveals a positive gain estimated at 509.9 kg/ha from land access by landowners. If the lenders were landowners, their gain would be 396.6 kg/ha, whereas the farmers would gain 485.1 kg/ha if they were landowners, and similarly the sharecroppers would gain 389.8 kg/ha if they were landowners. It is clear from these results that improving agricultural yields depends on securing land and requires the establishment of an effective land ownership system. This research impacts land ownership policies, which need to be revised to address customary rights and reduce inequalities in access to secure land. It highlights the way land tenure security drives agricultural advancements and offers actionable recommendations for policy improvements on food security.

Legal Protection and Rights of Indigenous Peoples: Legal Certainty in Managing Natural Resources

<p><em>Indigenous peoples possess traditional rights to natural resources within their territories, yet these rights are frequently overlooked or marginalized due to inadequate policies and regulations. This research aims to examine the legal protection of the Baduy tribe's rights in managing natural resources and to explore how legal certainty can be achieved in this regard. Utilizing a normative juridical approach, the study analyzes relevant laws and regulations pertaining to indigenous rights and state-provided legal protection. The findings reveal that the recognition and protection of customary law communities in Indonesia highlight the state's commitment to supporting social entities with autonomy over their lives. Despite the pressures of modern integration, indigenous peoples continue to uphold their identity, traditions, and customary rights. Legal acknowledgment of these rights is enshrined in the 1945 Constitution and various laws, including Law No. 5 of 1960 on Agrarian Affairs, Law No. 4 of 2009 on Mining, Law No. 41 of 1999 on Forestry, and Law No. 7 of 2004 on Water Resources. However, effective implementation is often hindered by regulations that do not adequately address customary rights. While Constitutional Court Decision No. 35 of 2012, which recognizes customary forests as belonging to indigenous communities, represents significant progress, challenges persist. The need for revisions to create more inclusive laws or regulations is pressing. For the Baduy tribe, Lebak Regency Regional Regulation (Perda) Number 32 of 2001 on the Protection of Ulayat Rights is a critical development. This regulation offers legal certainty and safeguards their traditional rights, including customary land and natural resources, and tackles issues like illegal logging and forest encroachment. By acknowledging local wisdom and customs, this regulation aims to preserve Baduy culture and enhance security and social stability in their area.</em></p>

Socio-Religious Conflicts in the East Adonara Community of East Nusa Tenggara

On Adonara Island, customary land conflicts began with a rival war, or war between citizens, which occurred due to differences in customary rights over land. There was a conflict between the residents of Narasosina Village and the residents of Lewobunga Village. In this case, the residents of Lewonara Village refused the inauguration of a settlement location for the residents of Lewobunga Village on customary land that was considered to belong to Narasaosina Village. So, the war between the residents of Narasaosina Village and the residents of Lewobunga Village because the request letter to empty the flower casserole was not heeded. In the last twenty years, there have been ten villages that have been warned over customary land rights and there has been no serious settlement. The ten villages that were moaning and had not been resolved were: (1). Redontena Village vs Adobala Village, (2). Sandosi Village vs Sandosi Village (a war fought within the village, between tribes that fight over land), (3). Lamahala vs Huruhura(4). Teulu Old Village vs Kewo Keleng Village, (5). Narasosina Village vs Lewo Bunga Village. To resolve the conflict that occurred in Adonara, East Flores Regency, East Nusa Tenggara, efforts would be made to resolve the conflict. Conflict resolution could be done with conflict management, and conflict resolution was a peaceful method that allows both parties to end or significantly reduce the conflict. It might not be too difficult to handle or help handle conflicts that arise from conflicts of interest.

Palm oil expansion, insecure land rights, and land-use conflict: A case of palm oil centre of Riau, Indonesia

Insecure rights tend to lead to land-use conflicts. The literature mainly focuses on the impact of insecure land rights on investment. Regarding the causes, studies mainly focus on the effect of state regulations. Little attention is given to the impact of the extractive economy on land rights security. This article scrutinizes how palm oil expansion manipulates insecure land rights, leading to land-use conflict. We pay attention to a particular land right in Indonesia that is based on the´ land status letter´ (Surat Keterangan Tanah, SKT), an initial proof of land ownership that is widely held by villagers in Indonesia. Studies have neglected this land right, as most attention has been on customary rights (Adat). Our main questions are: How do palm oil companies treat the SKT in their efforts to obtain more land for their plantations, and how do farmers try to fight for their SKT rights? Using a qualitative case study in Indonesia´s Riau Province, we show that because of a shared perception that SKTs offer security, villagers did not attempt to get a full legal land certificate from the Land Agency, and palm oil companies often manipulated SKT land rights to acquire land for new plantations. Limited access to conflict resolution mechanisms hampers landholders’ efforts to enforce their land rights, and our study suggests that the security of SKT land rights depends upon landholders’ ability to fight for their rights. NGOs did not help empower them in this matter in most cases.

Model Perencanaan Tata Ruang Wilayah menggunakan Spatial Temporal Autocorrelation (Studi Kasus: Kabupaten Jayawijaya)

Jayawijaya Regency faces various challenges in the use of land tenure status in urban planning areas (RTRW). This study focuses on the RTRW Spatial Pattern Plan in Wamena Urban on changes in land tenure with a spatial temporal autocorrelation (STA) approach. The results showed that there were two spatial patterns formed in the Wamena Urban Area, namely cluster patterns and dispersed patterns. Cluster patterns are formed in airports, urban areas, flat woodland agriculture, local protection/LIPI plantations, and river boundaries. Dispersed patterns are formed in community plantations and scrubs, rural settlements, wetland agriculture, slope dryland agriculture, and mining. The results of the analysis showed that cluster patterns in the Airport, Urban, Flat Dryland Agriculture, Local Protection/LIPI Plantations, and River Border areas showed significant changes in land tenure status. Climate change, infrastructure development, and population growth are some of the factors causing these changes. Meanwhile, dispersed patterns in community plantations/shrubs, rural settlements, wetland agriculture, slope dryland agriculture, and mining showed no significant change in land tenure status. This is due to factors such as conflicts over customary rights to land ownership. This study provides an overview of spatial patterns of changes in land tenure status in the Wamena Urban Area. The results of this research can be used as a basis for the formulation of land management policies and strategies in the region.

Reassessing State Responsibility for Indigenous Rights to Natural Resources Based on Justice Principle

Indigenous peoples' existence is intrinsically linked to their customary rights, with significant disputes arising over the formal recognition of these rights. However, conditional or partial legal recognition frequently disadvantages indigenous communities. The state has a responsibility to uphold the rights of indigenous peoples, necessitating regulations that effectively safeguard their land rights. This article examines the recognition and fulfilment of indigenous peoples’ rights to natural resources through legal analysis, conceptual frameworks, and case studies. The findings indicate that since 1998, there has been a governmental intent to formally recognize indigenous rights to natural resources, as reflected in various laws and regulations. However, the implementation of these rights has been challenging due to ambiguities in the 1945 Constitution and the related regulations. Effective fulfilment of Indigenous land rights must adhere to key principles, including recognition of jurisdictional areas, the right to self-determination, Indigenous consent, community involvement, and the provision of fair compensation

Model Pengelolaan Sumber Daya Kelautan dan Kemaritiman

Introduction: Indigenous people who live on small islands are quite large in number compared to the available natural resources. So it can be said that it is not enough to meet the basic needs of indigenous peoples, for a certain period of time. Therefore, the idea was born to create legal regulations that could regulate and organize all the potential of marine and maritime resources so that they could be used wisely.Purposes of the Research: to formulate the formulation of a Marine and Maritime Resources Management Model in Central Maluku Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research seeks to describe the Marine and Maritime Resource Management Model in Central Maluku Regency. The way the empirical juridical or sociological juridical method works in this research proposal is from the results of collecting and finding data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts available. exists in society, thus the truth in a study has been declared reliable without having to go through a rationalization process.Results of the Research: To minimize conflicts and disputes that occur in the marine and maritime customary rights community, there must be a formulation of a model for regulating marine and maritime management in Central Maluku Regency involving all cuttings holders.

Protection Law Forest Tradition Reviewed from Rights Traditional Legal Communities

Customary forests are not customary forests but private forests that have been owned by customary law communities for generations as long as their existence can be proven, which can raise great hopes for customary law communities to obtain guaranteed legal protection for customary forests which have so far been designated as State forests. The existence of customary law communities together with their customary rights is still respected, respected and recognized as long as they are still alive and in accordance with community development, national interests and the principles of the Republic of Indonesia. This is stated in various statutory regulations, for example Article: 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, UUPA, Human Rights Law, and so on. However, in this article this recognition is still weak because there are no operational regulations that regulate further, so this article aims to optimize what is their right in occupying their position as a customary law community. The research in this article uses two approaches, namely the statutory and normative juridical approaches.

The Urgency of Recognition the Rights of Indigenous Peoples in Asymmetric Decentralization in Papua and Papua Barat

Asymmetric decentralization is a special method given to certain provinces in Indonesia amidst the diversity of cultures, customs and specialties of certain regions. The central government's policy in the form of regional autonomy apparently has an impact on indigenous communities, resulting in frequent conflicts and unclear recognition of customary rights, especially in Tanah Papua. The aim of the research is to determine the importance of recognizing indigenous communities in asymmetric decentralization in Papua and West Papua. The research method used is qualitative, data was obtained by searching the literature and presented with descriptive analysis. The results of this research are that Indonesia does not yet have regulations at the "law" level that recognize the existence and rights of indigenous peoples, especially in Papua and West Papua. One of the government's admissions is that through Asymmetric Decentralization with special autonomy it still causes public dissatisfaction. Therefore, recognition of people's rights through draft laws or "laws" is very important to implement. According to the research, ratifying the Indigenous Peoples Bill is essential for strengthening the legal and policy foundation for indigenous peoples' rights fulfillment.

RENUNCIATION OF INHERITANCE BY KOSOVAR WOMEN: DESIRE OR INJUSTICE? A CASE LAW PERSPECTIVE

Background: The right to inherit is one of the rights guaranteed by the Constitution and legal provisions. Every citizen is entitled to this privilege without exception. Even though this right is protected by the Constitution, barely 23% of women in Kosovo are officially registered as heirs. When women exercise their right to refuse inheritance, they mostly give up that privilege in favour of male heirs. Unquestionably, customary law impacts this choice. Influenced by religious and customary rights that stipulate that men are entitled to inherit, women prefer to give up their claim to inherit, which accounts for the low percentage of female heirs. Despite the fact that the right of inheritance is regulated by law under the principle of equality, the real situation shows something else. This article will analyse inheritance law and the influence of customary law, which has led many women to forfeit their rights. This issue discriminates against Kosovar women, denying them their rightful inheritance. These analyses will determine whether customary law or other factors have impacted Kosovar women's unequal inheritance rights compared to men. Ultimately, it raises the question: are these women victims of injustice, or have they freely decided to give up their inheritance? Methods: In this paper, several methods were employed to reach a conclusion, including analytical, comparative, historical and normative approaches. The analytical method was used to examine the phenomenon of women renouncing their inheritance rights and the judicial decisions where women have given up their right of inheritance. The normative method examined the legal provisions that directly regulated the right to renounce the inheritance. The historical method played a crucial role in illustrating the evolution of inheritance rights and its influence on women's contemporary perspectives. Finally, the comparative method facilitated a comparison of the legal regulation of inheritance rights in Kosovo with those in other countries in the region. Results and Conclusions: In legal terms, the right of inheritance treats all heirs equally, regardless of gender, but in practice, a very low percentage of women inherit, mostly giving this right to male heirs. Many factors have influenced this result, such as the influence of customary law and religious law, but also the low number of employed women. After analysing this matter, it was seen that the main solution is to raise awareness among women that all heirs are equal, regardless of gender, ensuring the law is applied fairly to all heirs. To address the reduction of women renouncing their inheritance, several legal changes are recommended. One such change is requiring the declaration of renunciation of inheritance to be made before a notary and registered in court to determine legal deadlines. Additionally, the reasons for renouncing inheritance should be explicitly stated within the set timeframe. A more radical measure that would ensure that women do not renounce their rightful inheritance according to the law, and in this way, they would be free from the influences of society, is to change the law by removing the right to renounce the inheritance. Thus, all legal heirs would be forced to accept the inheritance due to them by law.

Alih Fungsi Lahan Perkebunan PT Kapas Indah Indonesia dan Dampaknya terhadap Kehidupan Sosial Ekonomi Pendudukdi Desa Lalonggombu Kecamatan Lainea Kabupaten Konawe Selatan: 1998-2021

This article explains the conversion of PT Kapas Indah Indonesia's plantation land and its impact on the socio-economic life of Lalonggombu Village, Lainea District, South Konawe Regency 1998-2021. This research is agrarian history research using historical methods, according to Kuntowijoyo (2013:69), which are divided into topic selection, heuristics, source criticism, interpretation, and historiography. The results of this research show that: (1) The Lalonggombu Village community took over the plantation land of PT. Kapas Indah Indonesia that,s located in Lainea District, South Konawe Regency, because of PT. Kapas Indah Indonesia, because it is seen as O sambu (customary rights in the form of wilderness) by the Tolaki tribal community. (2) PT. Kapas Indah Indonesia's land ownership process began with a lawsuit from the people of Lalonggombu Village, who owned customary land before the company cleared the land. The Land was originally a forest and a former residential area before the Dutch colonial era. The community inhabited it and was forcibly taken by the government without compromise or resistance from the land owners. (3) After the local community processes PT. Kapas Indah Indonesia land, the community's economy improved, people's health improved, people's homes started to look better, and the level of education increased from elementary school to university. From a social aspect, residents worked together to clean the garden and started to get to know the social gathering system until the community's social status increased.

Legal Protection of The Customary Rights of The Pubabu-Besipae Indigenous People

Ulayat land is land shared by indigenous communities. Customary land is closely related and is an integral part of customary land rights. Customary rights are the rights owned by indigenous peoples to utilize natural resources for survival. The existence of indigenous communities has been explicitly recognized in national law, such as the Basic Agrarian Law and the Forestry Law. However, recognition of customary rights is still often ignored by the Government, this is the case in the Pubabu-Besipae indigenous community. Therefore, the aim of this research is to find out how the law protects the customary rights of indigenous communities. This research uses normative legal methods and uses a statutory approach. The research findings show that legal recognition and protection of customary rights are very clearly recognized and regulated, so the government should not be able to control customary land arbitrarily according to its wishes. Ownership of customary land has limitations in carrying out legal actions and must take into account the prosperity of indigenous communities. So the actions taken by the East Nusa Tenggara Government are actions that violate the human rights of indigenous peoples because there are arbitrary actions and even acts of violence against indigenous peoples. The government should hold joint discussions with indigenous communities to reach a fair agreement.

Overlaps of indigenous knowledge and climate change mitigation: evidence from a systematic review

There is now increasing acknowledgement of the role of indigenous and local people (ILP) in climate change, particularly in impact assessment, mitigation and adaptation. However, the methods and ways on how exactly indigenous and local knowledge (ILK) can be used in climate change action largely remain fragmented. While a growing share of scholarship has addressed the overlaps between ILK and adaptation, limited attention has been given on practical ways of working with indigenous communities to enhance knowledge of implementing mitigation actions. Without clearly articulated indigenous-sensitive methods for ILK integration in mitigation science, holders and users of this knowledge may remain at the boundaries of climate change action. Their knowledge and experiences may not be used to guide effective greenhouse gas (GHG) emission reduction activities. There are also fears that hurriedly and poorly developed mitigation projects that ignore indigenous and local communities may infringe their customary rights and livelihoods. To contribute to improved guidance on meaningful involvement of ILP in climate change mitigation, this study used the Preferred Reporting Items for Systematic Reviews and Meta-Analysis (PRISMA) to systematically review literature that links ILK and climate mitigation. We do this by (a) Identifying case studies that examine the overlaps of ILK and climate change mitigation from Scopus and Web of Science databases (n = 43); (b) analysing the methods used for engaging indigenous people in these studies; (c) determining the knowledge, ways, practices and experiences of ILP that show mitigation benefits; and (d) highlighting the direction for participatory engagement of ILP in mitigation research and practice. We have added to the emerging but fast growing knowledge on the overlaps of ILK and climate change mitigation. This intersection is evident in three ways: (a) Validation and application of concepts used to understand carbon sequestration; (b) GHG emission reduction mainly from natural resource dependent livelihoods involving ILP; and (c) the application of participatory methodologies in research and the practice of climate change mitigation. We conclude that studies that focus on the intersection of ILK and climate mitigation need to use indigenous-sensitive methodologies to give more benefits for climate mitigation objectives while recognising the rights of ILP.

Protection on the territory and customary rights of Cibarani Wewengkon in Lebak Regency, Banten, Indonesia

This study examines the influencing factors of policies related to customary rights or Wewengkon implementation in the Cibarani indigenous peoples, affecting the destruction of Leuweng Titipan Mount Liman. The protection and supervision of the Cibarani Wewengkon are regulated by the Lebak Regional Government Number 8 of 2015 concerning the Recognition, Protection, and Empowerment of the Kasepuhan Customary Law Community. However, despite getting supervision and protection, natural damage caused by unlicensed gold miners continues to wreak natural harm. As a result, two hectares of forest on Mount Liman were deforested. This research used a qualitative research approach and collected data through a literature study. The results indicated that the influencing factors of inadequate protection for the Cibarani Wewengkon are the ignorance of the Lebak Regional Government regarding the supervision and protection of the Cibarani Wewengkon. Their insensibility is induced by the issues in transmission of information or poor communication between policymakers, such as the Lebak Regency house of representative and the regent, resulting in vague details on the authority to safeguard and supervise.

Juridical Analysis of the Position of the Surakarta Kasunanan Palace as a Cultural Heritage Area Linked to the Basic Agrarian Law (UUPA)

With the provisions of the Fourth Dictum of the UUPA, regarding the position of the Surakarta Kasunanan Palace as a cultural heritage area, there are still differences of opinion regarding its ownership status. This research aims to examine the position of the Surakarta Kasunanan Palace after the enactment of the UUPA, as well as to analyze the ownership status of the Surakarta Kasunanan Palace as a cultural heritage area. The research method is normative juridical. The type of data used is secondary data. Data analysis techniques using deductive reasoning presented descriptively. The results of this research are: first, the position of the Surakarta Kasunanan Palace after Indonesian Independence, based on: Law Number 10 of 1950 was designated as part of Central Java Province; and based on Law Number 18 of 1965, de jure Swaraja Surakarta was abolished. Then, after the UUPA came into force, the position of the Surakarta Kasunanan Palace should have shifted to the State. However, in reality, currently the Surakarta Palace Sultanate still has and exercises authority over the lands it owns and owns based on Presidential Decree Number 23 of 1988. Second, the ownership status of the Surakarta Kasunanan Palace as a cultural heritage area is stipulated in the Regulation of the Minister of Culture and Tourism Number PM.03/PW.007/MKP/2010 belongs to the Surakarta Kasunanan Palace as an indigenous community in accordance with Article 13 of the Cultural Heritage Law. The Surakarta Kasunanan Palace is a traditional community, because the King is the traditional leader who still has the same territorial area and lineage and has authority within and outside his traditional area. If the Kasunanan Surakarta Palace is interpreted as a traditional institution, and ownership of the land of the Surakarta Kasunanan Palace becomes a customary right for the Surakarta Kasunanan Palace, then as a consequence the Government in taking over the land of the former Surakarta self-government must also pay attention to the principle of recognizing these customary rights.

Land Tenure Security and Households’ Food Security Nexus: Implications for an Improving Land Governance in Iringa District, Tanzania

This study was conducted to determine the contribution of the Certificate of Customary Rights of Occupancy (CCRO) to farming households’ food security in the Iringa District Council. Particularly, the study aimed to determine the influence of land tenure security on the food situation of households, the influence of land tenure security on food consumption, and the influence of land tenure security on the source of food for households. The study was guided by the institutional theory and the theory of access, these theories linked the study to the existing body of literature. The study adopted a quasi-experimental research design where villages that received CCRO were considered as the treatment group of the study and those villages without CCRO were categorized as the control group for the study. The study decided to adopt the Propensity Score Matching method for constructing a comparison group. The total sample size for this study was 400 households, with equality divided between the two villages, with and without CCRO. The study used a systematic random sampling approach to select a sample size of 400 households from the targeted population. The study employed a mixed methods approach whereby both qualitative and quantitative data were collected through questionnaires and interviews respectively. The collected data was analyzed using descriptive and inferential statistics using IBM SPSS for quantitative data, while qualitative data was analyzed using a content analysis approach. The study found that those households with CCROs show a high score of food consumption compared to households without CCROs, this indicates that CCROs enhance food security in households. This was supported statistically by regression results and bivariate outcomes that illustrate the significance of CCROs ownership in improving the food situation of households between households having CCROs compared to those that haven’t. Furthermore, the study found that there is a difference in food consumption patterns between households with CCROs and those without CCROs. The study concluded that land tenure security has a great impact on the food security of households in the Iringa district, also, it was concluded that CCRO ownership contributes to improving the food situation of households enhancing their capacity to access diverse food groups. The study recommended that government and local government authorities develop policies and strategies that are tailored and applicable to agriculture development and land ownership to improve land governance structure that allows land registration easy.

TINDAK PIDANA PENEBANGAN POHON DI TANAH ULAYAT MASYARAKAT ADAT DALAM KAWASAN HUTAN KONSERVASI CAGAR ALAM MANINJAU (Studi Kasus Nomor: 129/ Pid.B/ LH/ 2017/ PN. LBB)

In Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, in this case, it does not pay attention to the rights of indigenous peoples who have obtained customary rights or rights to control forests for generations. In Nagari Koto Malintang, they have local wisdom that they have practiced for years, such as felling 2 trees for basic needs and not for commercial purposes through permission from local traditional leaders and the Wali Nagari Koto Malintang.This research is a normative juridical research using a case approach and a statute approach, in this research the analysis is carried out by criticizing, supporting, or commenting, then making a conclusion on the results of the study with their own thoughts. and literature review assistance.The application of material punishment in decision number 129/Pid. B/LH/2017/PN.LBB, According to the author, it is not appropriate and does not meet the elements charged by the public prosecutor, but in the judge's consideration of the aggravating circumstances, the panel of judges did not reflect a sense of justice towards the defendants and the values of local wisdom who have lived and run in the community for many years. The judge's consideration in this case also contradicts the theory of criminal responsibility in which the defendants can be given excuses for forgiveness and the ultimum theory remediates that punishment is the last step.Law Enforcement Officials should be wiser in eradicating the crime of logging trees on customary lands of customary law communities and must pay attention to the values that live in local communities such as local wisdom that they have practiced for years.

Perlindungan Hukum terhadap Tanah Ulayat Masyarakat Adat yang Masuk Ke dalam Pembangunan Ibu Kota Negara

This research examines the legal protection of customary lands of indigenous communities involved in the development of special economic zones (IKN). This research uses a legal approach and case studies to analyze the impact of IKN development on the customary rights of indigenous communities. The results of this research highlight the challenges associated with IKN development and potential violations of customary land rights. This study also reviews the existing legal framework and recommends improving and strengthening legal protection for indigenous peoples. Therefore, this study contributes to a deeper understanding of the dynamics of legal protection of customary land in the changing IKN development environment and highlights the importance of supporting the rights of indigenous peoples for sustainable development.

Ownership Patterns of Land Rights from the Perspective of Customary Law Communities in Waropen Regency Papua Province

Ownership of land rights in the Waropen customary law community is very important because the land is a legacy of their ancestors which is used to meet their daily needs. The aim of this research is to find out more about land ownership rights from the perspective of the Waropen customary law community. The approach used is empirical, which looks directly at the reality that occurs among the Waropen traditional law community regarding ownership of land rights which are considered a legacy from their ancestors and are used to meet their daily needs. Data obtained from field observations, both primary and secondary, are then analyzed systematically so that the data can be accounted for. The results of this research reveal that the Waropen Indigenous people recognize 2 (two) types of land rights, namely ownership rights and use rights. Residents of the Waropen indigenous community can have property rights in the form of individual rights, family property rights which are the same as household property rights, and clan property rights or customary rights. Property rights in the Waropen language are called Mipena (Sanggei Village) or Risanau. Mipena or risanau in the traditional concept is originally a former garden. Former garden land refers to ownership of land or an area that is owned. Meanwhile, the right to use is the right to use or collect proceeds from land controlled by the state or land owned by another person, based on a mutual agreement between the land owner and the person who will use the land. In the Waropen indigenous community, this right of use can be differentiated into several groups of users of land rights, including the right to use for fellow Waropen people, this transfer is facilitated by the Government, the right to use for pastors, evangelists, teachers, health workers who come to dedicate themselves in the Waropen area and use rights are also given to traders from Bugis, Makassar, Java and Toraja as a place to carry out business activities.