Ulayat Land of Customary Law Communities Post Efforts to Administer Ulayat Land in Indonesia

Abstract

Different treatment of indigenous peoples can potentially lose traditional rights of indigenous peoples over their customary forests, thus having an impact on the difficulty of indigenous peoples obtaining natural resources from forests for their daily needs. The loss of these rights is sometimes done in an arbitrary manner, which often results in conflicts between customary law communities and rights holders. The problems discussed in this study are related to legal certainty regarding the recognition and designation of customary law community customary lands in the Minister of Agrarian Regulation/Head of the National Land Agency Number 18 of 2019 and the existence of customary lands after efforts to administer customary lands of indigenous and tribal peoples in Indonesia. The results of this study are that the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 18 of 2019 regulates the recognition of indigenous peoples and the granting of community rights and customary institutions, the area where customary rights take place, the relationship, linkage and dependence of customary law communities with their territory, as well as the power to jointly regulate land use in their respective territories. However, this recognition is not immediately binding because customary law communities still have to complete the constitutional procedures regulated in Article 5 to Article 17 of Regulation of the Head of BPN Number 10 of 2016 which consists of 3 stages. In addition to this, the recognition of the existence of customary land must also be accompanied by recognition of the existence of customary law community units by the local regional government. protect the existence of customary law community units that still exist in Indonesia. And the characteristics of customary rights of customary law communities, that customary rights over land are controlled by customary law communities, namely people who live in groups, for generations based on ties of origin/ancestry or similarity of residence, have the same culture, live in a certain area, have property customary objects that belong together, have customary institutions containing sanctions, as long as they are still in accordance with developments and do not conflict with national law. The ulayat right has a public dimension as seen in the authority of customary law communities to regulate land/territory as their living space in relation to its utilization including its maintenance, has a civil dimension because there is a legal relationship between customary law communities and their land and legal actions related to customary law community land.