Recognition Of Ulayat (Indigenous) Land Rights Of The Customary Law Communities In The National Agrarian Law: Between Expectations And Reality

Abstract

ABSTRACT

 Land is one of the fundamental assets for the State of Indonesia, this is because it is on land that a nation and state live and develop, for the Indonesian people, the land itself places quite an important position, especially for the people of a customary law. The definition of a community of customary law itself is one of several legal subjects of a country whose existence is recognized in the laws and regulations that apply in Indonesia. Apart from customary rights, customary law communities/groups themselves have a multidimensional relationship, where customary rights are not only limited to an economic resource, but become an inseparable part of the entire life of indigenous and tribal peoples. The enactment of Ulayat (indigenous) land rights began with the presence of Law number 5 of 1960 concerning Agrarian Principles and Regulation of the Minister of Agrarian Affairs/Head of BPN number 5 of 1999 which implicitly provided a hope of justice for the land tenure and ownership of the Customary Law community in Indonesia. It will be said that at present there is still no complete information available regarding the landscape and boundaries of areas covered by these various customary laws, in this case customary rights. This paper concludes that Ulayat (indigenous) land rights in the Indonesian legal system are recognized through the Basic Agrarian Laws, namely Law No. 5 of 1960, in this case the recognition given by the State is conditional and layered because the recognition given to customary law communities and their customary rights.

 Keywords: Land, Indigenous Peoples, Ulayat Land