Ulayat Rights Research Articles

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>

Islamic Perspective On Land Law In Indonesia

This writing has an Islamic view of land ownership in Indonesia, the discussion of which is not only the view of positive Indonesian law, but the view of Islamic Law. The aim is that it can be used as a legal comparison to broaden insight into the concept of land ownership. By comparing legal systems, we can find similarities or differences, so we can find out which one is better. The final conclusion of the writing is that there are several things, namely, First, that the concept of land ownership in positive law in Indonesia, including the Republic of Indonesia, in various applications/rules seeks to regulate the utilization, allocation and use of land for the benefit of humanity in Indonesia, and hereinafter known Ownership rules have a religious communalistic element, referring to the rule of collective rights of members of the customary law community over land, which in the customary law literature is called Ulayat Rights. The rules/concept of land ownership in customary law are: there are Ulayat rights, then the subject is the customary law community, then the object includes all land belonging to the customary law community. The rules/concept of land ownership from the perspective of Islamic law is that everything belongs to Allah Almighty, which is empowered to servants/humans, as humans we must use Allah's law, implement individual and public property rights in a balanced manner, finally there is no system of ownership/landlords. Especially for land rights related to community development, the principle of Community Based Resources Management, namely the principle of structuring natural resources of land and plantations based on the local community, should be expected. In this way, the Land Law will provide guarantees for the development of the ummah, which in turn creates a State that is bandatum toyyibatum wa Rabbun Ghafur, and spreads Rahmad for nature and all the ummah around it.

THE EXISTENCE AND PROTECTION OF ULAYAT RIGHTS IN INDIGENOUS COMMUNITIES WITHIN THE FRAMEWORK OF POSITIVE LAW IN INDONESIA

Ulayat Rights are the highest rights of indigenous law communities to land. Normatively, protection of the rights of indigenous law communities is contained in several related laws and regulations, but in practice, Ulayat Rights of indigenous law communities often become the object of dispute/conflict, both with the government and with private parties who need land, so that they are often eliminated and detrimental to the rights of indigenous law communities. The aim of this research is to obtain an overview of the criteria for determining the existence of Ulayat rights of indigenous law communities and the legal protection of them when dealing with outside parties from a positive legal perspective in Indonesia. The approach method used is a normative juridical approach, namely tracing, studying and researching secondary data related to this research material. A juridical approach is used considering the problems studied revolve around the relationship between a regulation and other regulations, namely regulations regarding land, forestry and plantation law. The research results show that recognition of the existence of Ulayat rights of indigenous law communities is limited as long as they still exist and must fulfill several elements as specified in several statutory regulations. Protection of traditional rights is contained in the constitution, sectoral legislation and regional regulations, but in reality there are still frequent disputes/conflicts, this shows that the protection of Ulayat rights of indigenous law communities is still not optimal.

The Position of Ulayat Rights in Land Provision in the Implementation of National Development Viewed from the Perspective of Positive Law and Islamic Law

Customary rights often face problems when connected with national development due to the legal status of customary land. In connection this matter, research is needed in order to understand the position of customary land in relation to national development. of customary land when it is connected with national development. In order to to examine this, the research in this case uses normative juridical research because an in-depth understanding is needed with regard to regulations that discuss regarding customary rights. The result of this research is the position of of customary rights in land acquisition in the context of national development is still very weak, which is due to the absence of regulation on customary rights. very weak, which is due to the absence of a more detailed regulation of customary rights. so that the customary rights community lacks supporting evidence and legality to obtain compensation. supporting evidence and legality to obtain compensation for the utilisation of customary rights for national development. for national development.

Tracing the Continued Existence of Ulayat Land: Granting Management Rights in the Context of Protecting the Rights of Indigenous Peoples

AbstractThe issue of granting management rights over ulayat land to third parties is still being debated. Management rights originating from communal land are contrary to the concept of the management right itself. Management rights, which are part of the authority of State control rights, are contradicted by management rights that can originate from ulayat land because indigenous peoples have ulayat rights on the ulayat land. For ulayat land that still has the status of ulayat rights of indigenous peoples, if given management rights, the ulayat rights must be released by the indigenous peoples. Thus, the communal land becomes free state land. The granting of management rights on ulayat land is becoming increasingly relevant and complex. Several changes related regulations have raised significant questions regarding the existence of ulayat land and its impact on the sustainability of the lives of indigenous peoples. To accelerate the economy, the government needs to pay attention to the ulayat rights of indigenous peoples over their ulayat land and ensure that these rights are protected and respected. The government also needs to ensure that effective national law enforcement mechanisms are in place to resolve ulayat land disputes. As a result of the granting of HPL on ulayat land, legal uncertainty arises. The existence of ulayat land for indigenous peoples is very important in maintaining the identity, culture, and sustainability of indigenous peoples. Ulayat rights protect the rights of ownership and management of communal land by indigenous peoples so that they can continue cultural practices, traditions, and customs that have existed since the time of their ancestors.Keywords: Management Rights; Ulayat Land; Indigenous People.

The Development of Recognition and Protection of the Customary Rights of Indigenous Peoples in Indonesia

indigenous people of Indonesia occasionally experience changes to their customary rights. The Dutch East Indies government has had exclusive jurisdiction over the communities with customary law since the time of Dutch colonial rule. Following Indonesia’s independence, Agrarian development saw quite radical transformations, including the establishment of ulayat rights for communities governed by customary law. A groundbreaking law, known as Law No. 5 of 1960 addressing Basic Agrarian Regulations, was created in 1960. Ulayat rights are acknowledged for existing and being put into practice. This essay examines Indonesia’s legal community’ growing acceptance of customary rights. This kind of research refers to the norms found in statutory rules and is normative in nature because it is based on primary and secondary legal materials. The study’s findings demonstrate that for communities governed by customary law or indigenous peoples who have lost their traditional territory, recognition does not always ensure justice. The defense of their customary rights cannot be made based on government rules and legislation.
 Keywords: recognition, protection, indigenous people, Indonesia

Kewenangan Pengakuan Hak Pengelolaan Wilayah Laut Kepada Masyarakat Hukum Adat Oleh Pemerintah Daerah

The state recognizes and respects the unity of customary law communities and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law" Article 18(b) paragraph 2 of the 1945 Constitution is the legal basis for recognizing the existence of the community customary law in Indonesia which has rights and authority to be respected and respected. The existence that has been recognized on a clear legal basis means that customary law communities have the authority to manage and manage their own customary territories as they should. The authority that is meant is the authority to manage the land and even the sea which is the ownership right of the indigenous communities themselves. Marine management rights by customary law communities or what is usually called marine ulayat rights are a set of rules or practices for managing marine areas and the resources therein based on customs carried out by coastal communities in villages. Regional Governments are obliged to provide recognition of marine management rights to customary law communities. This is clearly stipulated in Law Number 1 of 2014 in article 20 paragraph (1): The Government and Regional Governments are obliged to facilitate the granting of location permits and management permits to Local Communities and Traditional Communities "But what if the regional government does not grant marine management rights in accordance with the applicable law.

Community resilience index in the overflow flood area around Lake Tempe, Wajo District, South Sulawesi

In terms of survival, resilience serves as an example of choice when confronted with situations where opportunities to choose are lacking. Thus, in such conditions, it becomes necessary to adapt to the incompatible circumstances being encountered. The traditional settlement community of Bugis Wajo holds “ulayat rights”, enabling them to thrive for generations in the vicinity of Tempe Lake. One of them, the traditional communities in Wette Hamlet in Lautang Village must grapple with annual flooding of 2–3 meters during the rainy season due to river water overflow from Tempe Lake. This flooding phenomenon stands as a testament to the unique ability of local traditional communities to adjust to normal conditions during dry seasons and adapt to the rainy seasons, allowing them to endure in their daily communal pursuits. This research employed quantitative descriptive methods and utilized eight variables, which were subsequently assigned scores to quantify resilience. Based on the results and the ensuing discussion of the analysis, it is evident that secure housing holds immense value in bolstering community resilience. There are high values in community resilience concerning community capacity, social capital, connectedness, and access to clean water. Meanwhile, there is a moderate level of community resilience when considering aspects such as disaster preparedness, livelihoods, and health. In conclusion, the analysis identifies a high degree of community resilience within the traditional community of Wettee Hamlet in Lautang Village.

PROSPECTS OF INDONESIAN AGRARIAN LAW SYSTEM REFORM TO PROVIDE THE WELFARES

Agrarian law in Indonesia has not been able to provide prosperity to society. This can be seen from the injustices that arise from a number of regulations in the field of agrarian law, including the Job Creation Law. This article aims to examine whether Agrarian law in Indonesia reflects Pancasila and is based on the mandate of the constitution, and whether there is a need for reform. This research is doctrinal research using a literature study. This study finds that agrarian law policies in Indonesia are still not in favor of people who have a weak economic position. The development of globalization and the pressures of investment make government policies still pro favor those with a strong economic position. Therefore, it is very necessary to have a bill to improve the UUPA to realize a just national agrarian politics to realize the wider community's welfare. Consistency towards recognizing ulayat rights and customary law also needs to be enforced in all government legal policies. This needs to be emphasized in Indonesian legal politics.

Leveraging IT for the Preservation of Baduy Indigenous Communities: A Digital Strategy by the Culture and Tourism Department of Lebak District

INTRODUCTION: The Lebak Regency Government and the Lebak DPRD in 2001 issued Regional Regulation No. 32 of 2001 concerning Protection of the Ulayat Rights of the Baduy Community. Disturbance to the preservation of the Baduy environment which consists of the natural environment and socio-cultural systems that depend on several factors, these factors are external (originating from outside the community) and internal (originating from within the community).
 OBJECTIVE: This research aim to analyze local wisdom in protecting the Baduy indigenous people and determine the most appropriate local wisdom strategy to implement.
 METHOD: The method used in this research is descriptive research method and strategy analysis using the Analytical Hierarchy Process (AHP) technique.
 RESULT: The results of the study show the dimensions that determine the application of local wisdom in the protection of the Baduy indigenous people by the Lebak Regency Culture and Tourism Office are the dimensions of local knowledge, local values, local skills, local resources, and elements of decision-making mechanisms. CONCLUSION: Strategy for Optimizing Local Wisdom in Protecting the Baduy Indigenous Community, the Lebak Regency Government, especially the Tourism and Culture Office, needs to take strategic steps by referring to digital-based policy strategy patterns by prioritizing the following dimensions: first, the dimension of local wisdom. local resources, second, the dimension of local skills, third, the dimension of local values, fourth, the dimension of decision-making mechanisms, fifth, the dimension of institutional support, and sixth, the dimension of local knowledge.

Konstruksi Reforma Pajak Bagi Pemilik Tanah Dati Di Kota Ambon Dalam Perspektif Keadilan

Introduction: The land owner does not have real and legal evidence that has legal force, so Village Officials assume that the land still belongs to the village and can be given or sold by the Village.Purposes of Devotion: This service can produce a legal product in the form of a state regulation and even state regulations regarding the construction of tax reform for dati landowners in the perspective of justice, so that dati landowners can know the tax collection model that can be used as proof of tax payment so that there is proof of ownership that is legally and has legal protection for dati landowners. Method of Devotion: The implementation of this service uses the extension method, through discussion in which the presenter explains material related to the service and is followed by questions and answers between the presenter and the participants.Results of the Devotion: The owner of the Dati lands in Soya Village is state land granted by the Official, so it is necessary to prove ownership of the land under Indonesian law so that it does not become a dispute in the future, the speaker provides information regarding the payment of Land and Building Tax to protect the rights of the villagers including the ulayat rights of indigenous peoples, especially the owners of dati lands. In fact, the land owner in Soya Village has never paid his land tax (traditional land tax) to the tax office related to land tax or regional tax due to the lack of information and understanding regarding the Tax Payment Model which can be used or as proof of ownership and can be used as legal protection in the event of a dispute in the future. As for the gap, namely whether the form of tax reform construction can cover the process of paying taxes on customary lands in Ambon City. in accordance with state regulations in order to create justice.

Policy Implementation of Recognition and Protection of Ulaya Rights in Indigenous communities in the West Papua Region

Ulayat rights are rights attached to indigenous peoples in West Papua, and are recognized and protected by national and international law. This right refers to the traditional rights held by indigenous peoples to the land, territories and natural resources in the areas they inhabit and manage for generations. This study focuses on identifying the government's recognition and protection of customary rights as the rights of indigenous peoples in West Papua. The research method used is qualitative with a qualitative descriptive approach, aiming to reveal events or facts, circumstances, phenomena, variables and circumstances that occur during the research by presenting what actually happened. Data collection techniques were carried out through observation, interviews and document and literature studies. At the data analysis stage, the inductive reasoning model was carried out. The results of the study show that the government's policy of recognizing and protecting ulayat rights as the rights of indigenous peoples in West Papua is due to the low knowledge, low public awareness, community culture, facilities and facilities that are still limited, so that the carrying capacity of the government's recognition and protection for the community is not yet optimal. The policy of recognizing and protecting customary rights in indigenous communities in the West Papua region requires a collaborative, participatory and sensitive approach to cultural diversity and the aspirations of indigenous peoples.

Perlindungan Hukum Terhadap Hak Masyarakat Hukum Adat Setelah Berakhirnya Hak Guna Usaha

Legal protection of the Ulayat Rights of the Customary Law Community is the highest tenure right of the customary law community covering all lands as well as those belonging to certain environmental areas. The purpose of this study is to discuss the legal protection of the rights of indigenous peoples after the expiration of the HGU. P.T Waitala in West Seram Regency. The type of research used by the author, in this paper, is Normative Juridical legal research, or doctrinal legal research, which is a legal research that uses secondary data sources. This is done by emphasizing and adhering to juridical aspects. Normative legal research is library research, namely research on secondary data. Results of the Research: Legal protection of the Rights of Indigenous Peoples, is a fundamental right that must be owned by customary law communities, which has been stated in the 1945 Constitution of the Republic of Indonesia Article 18b Paragraph (2) states that "The state recognizes and respects legal community units adat has its traditional rights as long as they are still alive and in accordance with the development of society. No. 5 of 1960 concerning Basic Agrarian Principles (hereinafter abbreviated as UUPA) has recognized the existence of Ulayat Rights. Existing recognition is accompanied by 2 (two) conditions, namely by looking at its existence and how it is implemented. Strictly Article 3 UUPA, explains concretely that Ulayat Rights are recognized "as long as in reality they still exist". Therefore, the legal protection of the rights of indigenous and tribal peoples needs to be emphasized in the State.

PERLINDUNGAN HUKUM ATAS TANAH ADAT DALAM KAITAN PEMBERIAN IZIN USAHA PERKEBUNAN KELAPA SAWIT

Rule point 3 of the UUPA states that the use and exploitation of agrarian lands, especially the management of ulayat land, is carried out by customary leaders (Kepala Adat) and the utilization is intended for both members of the customary law community concerned and people who are not part of the customary or local law community. Every citizen has the right to obtain legal remedies as well as remedies for violations of rights they have suffered as well as a fair legal settlement. In this case, the state has an obligation to ensure the fulfillment of these rights. Based on access to justice which is a constitutional guarantee of human rights. Likewise in the explanation of Law no. 39 of 1999 concerning Human Rights Article 6 Paragraph (1) states that customary rights which are actually still valid and upheld within the customary law community must be respected and protected in the context of protecting and enforcing human rights in the community concerned by taking into account the law and regulations. laws and regulations. The approach method used in the preparation of this thesis is normative juridical research (normative legal research method). The normative juridical research method is a legal research library conducted by examining library materials or secondary data. By using the deductive method of thinking (a way of thinking in drawing conclusions from something general that has been proven true and that conclusion is aimed at something specific). Based on the analysis that the author conducted regarding the Recognition of Ulayat Rights in the Republic of Indonesia, the district/city government is the first line to provide recognition and protection of customary rights over customary law community lands. Regional autonomy, which forms local governments that are close to the people, is expected to increase legal recognition and protection of the customary rights of customary law communities which are often neglected in state life.
 
 Key Word: Oil Palm, Law Protection, Customary Land.

Legal Protection for Indigenous Kuala Mahato in Indigenous Land Utilization of Palm Oil Plantations

Purpose: Rokan Hulu is one of the areas in the Province of Riau where the existence of customs is recognized by the community. Based on the explanation above, it is necessary to research the use of communal land for oil palm plantations in the village of North Mahato Tambusai in Rokan Hulu which is related to the legal protection of local indigenous peoples according to land law in Indonesia. Method/design/approach: The type of research that will be used is sociological legal research, which is an empirical study that serves to find theories about the processes and processes of legal works in society based on applicable laws and regulations relating to the protection of the rights of local indigenous people in the use of customary land for oil palm plantations in Rokan Hulu. Results and conclusion: With this research, it is expected that there are clear policies or regulations in the protection of the rights of local indigenous people in the use of customary land for oil palm plantations so that the indigenous people get the rights that should be theirs. Research implications: The community holding ulayat rights is given compensation in the form of construction of public facilities or other forms that are beneficial to the local people following Article 14 of Presidential Regulation No. 36 of 2005 as amended by Presidential Regulation No. 65 of 2006. Originality/value: The utilization of customary land in the village of Mahato is carried out by the company.

Legal Policy on the Protection of Ulayat Rights of Indigenous Peoples in Kampar Regency

The legal policy of protection of customary or ulayat rights in Kampar Regency has been regulated in Kampar Regency Regional Regulation (Perda) Number 12 of 1999 concerning Ulayat Land Rights. It’s just that the implementation of the legal policy in question has not been optimal so it has not been effective enough in solving all ulayat rights problems in Kampar Regency. This article explained the content of the legal policy on the protection of ulayat rights in Kampar Regency. Then analyze the effectiveness of the implementation of these legal policies in solving ulayat rights problems. The method used is normative legal research with a conceptual and statute approach supplemented by interviews, as well as qualitative-deductive analysis. This paper recommends that the legal policy of protection of customary rights in Kampar Regency be improved in accordance with the development of laws or regulations and the condition of indigenous peoples so that it is expected to function effectively in providing ulayat rights protection for indigenous peoples in Kampar Regency.

Konsep Kepemilikan Tanah Adat Suku Tolaki Mekongga Serta Hak Atas Tanah Ulayatnya

Ulayat rights are the rights of customary law communities which in essence are the authority possessed by certain customary law communities. The customary land law of the Tolaki Mekongga tribe is land that is controlled or owned by a family, either because the family has directly cultivated it, or because the land has been inherited from generation to generation. The main objective of this research is to find out the concept of customary land ownership of the Tolaki Mekongga tribe and its relation to inheritance and customary rights. The type of research used in this study is normative legal research (doctrinal legal research), namely research on law as a norm and reality (behavior) or as something to aspire to and as a living reality or law. The Tolaki Mekongga indigenous people still exist today and occupy certain areas, but until now there are no regional regulations regarding customary rights over these areas, so efforts are needed to obtain legal certainty and justice for customary law communities in managing their customary rights.

Tinjauan Yuridis Sosiologis Pelepasan Hak Atas Tanah Adat Menjadi Sertifikat Hak Milik di Distrik Arso Kabupaten Keerom Provinsi Papua

Part of the Keerom Regency area is a forest owned by the Keerom Indigenous people, in Articles 1 and 2 of the UUPA. the implementation of ulayat rights and similar rights of indigenous peoples, as long as in reality they still exist, must be so that they are in accordance with the national and state interests. The problem in this study is a sociological juridical review of the release of customary land rights into property rights certificates in Keerom Regency. This study raises the problem studied are, First how to release customary land rights to become property rights certificates. Second, what are the obstacles to releasing customary land rights into title certificates? Third, what are the efforts to overcome the obstacles to the Release of Customary Land Rights into Ownership Certificates in Keerom Regency? The research was conducted using a sociological juridical approach. Sources of data, primary data, secondary data, and tertiary flat. Data collection techniques are observation, interviews, and document studies. Based on the results of research and discussion; First, the transfer of rights carried out by indigenous peoples in Keerom Regency are of several kinds, namely; imnaway twa, Ken Baa, maafowor, Mararap Kambiswap, and Kin tuwri Ngkwaf. Second. obstacles, because customary land is not measured on the boundaries of the customary land. Third, to overcome obstacles, the Regional Government and Regency BPN must be active in conducting socialization with the community regarding the importance of registering land rights to ensure legal certainty. The author's suggestion in this study, the local government, and the customary council in Keerom Regency must make a regulation related to customary land so that customary land has legal clarity regarding land ownership.

RELATIONAL DYNAMICS OF STATE LAW AND CUSTOMARY LAW: A STUDY OF THE ULAYAT LAND RIGHTS RECOGNITION

The recognition of ulayat rights is essential in fulfilling indigenous people’s rights. However, the Indonesian government has not fully recognized their rights. This research aims at analyzing the recognition of ulayat right from the Dutch colonial, reformation to the Job Creation Law periods. This is doctrinal legal research focusing on relevant literature. Data are analyzed qualitatively. The research shows that during the Dutch occupation, it is ruled in Agrarisch Wet 1870 followed by Agrarisch Bestluit regulating all lands without provable rights belonging to the state (domein verklaring). Post Indonesia’s independence, Basic Agrarian Law eliminates the Domain Principle and replaces it with State Authoritative Right under Article 33 paragraph (3) of Indonesia’s Constitution. Nowadays, ulayat rights are conditionally recognizable, known as pseudo-recognition. The recognition of indigenous people in the reformation era and post-enactment of the Job Creation Law is too minimal and it strengthens the state’s right over the land.

KEPASTIAN HUKUM HAK ATAS TANAH MASYARAKAT ADAT SUKU ANAK DALAM DI KAWASAN HUTAN

Forests are a mandate and gift from God Almighty bestowed on the Indonesian people. SAD live in groups in a community, and their lives cannot be separated from the forest and its natural surroundings. The root of conflict and neglect of MHA rights in forest areas is the lack of legal certainty regarding acknowledging the existence of MHA, customary areas, and traditional rights. The state also does not recognize the boundaries of customary territories, which results in the seizure of indigenous peoples' territories. This study aims to examine and analyze the certainty of land rights of indigenous tribal communities in forest areas. This research is normative legal research, using a statutory approach and sources of primary and secondary legal materials with data collection techniques, namely literature study, and analyzed qualitatively. The results obtained are that for the sake of realizing legal certainty, the rights of the SAD community must first be determined that SAD is included as one of the MHA and these elements meet the SAD to be recognized as MHA. However, in reality, SAD is not recognized as MHA; the rights to justice, protection, and legal clarity have been hampered by efforts to defend and defend their ulayat rights. The fundamental problem of MHA's territorial claims in forest areas stems from the absence of legal recognition as legal subjects