Perlindungan Hukum Terhadap Hak Masyarakat Hukum Adat Setelah Berakhirnya Hak Guna Usaha
Abstract
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.
Downloads
References
Dyah Ayu Widowati, dkk, Pengakuan dan Perlindungan Hak Atas Tanah Masyarakat Hukum Adat Di KawasanHutan, Sekolah Tinggi Petanahan Nasinal, 2014.
Fengky Kotalewa,dkk, Penyelesaian dalam Pengadaan Tanah Bagi Pembangunan Jalan untuk Kepentingan Umum, Jurnal Sasi,Vol.26,No 3,Juli 2020.
Muchin, Imam Koeswahyono, dan Soima, Hukum Agraria Dalam Perspektif Sejarah, Rafika Aditma Bandung, Bandung, 2010.
Munaf Yusri, Hukum Administrasi Negara, Marpoyan Tujuh Publishing, Pekanbaru Riau, 2016.
Novyta Uktolseja dan Pieter Radjawane Perkembangan tanah-tanah adat (dahulu, kini, dan akan datang), Jurnal Sasi Vol. 25 No.3 (juni 2019).
Novyta Uktolseja, Perkembangan Sistim Pewarisan Tanah Dati di Kota Ambon. Disertasi, Universitas Airlangga, 2015.
Peter Mahmud Marzuki, Penelitian Hukum, Jakarta: Kencana, 2006.
Satjipto Raharjo, Ilmu Hukum, PT. Citra Aditya Bakti, Bandung.
Salim, H. S. Dasr-Dasar Hukum Kehutanan, Sinar Grafika, Jakarta, 2004.
Taucid Mohamad, Masalah Agraria, Peneribit Cakrawala, Jakarta 1953.
Copyright (c) 2023 Yules Moses Urasana, Adonia Ivonne Laturette, Pieter Radjawane
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish their manuscripts in this Journal agree to the following conditions:
- The copyright in each article belongs to the author, as well as the right to patent.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
- Authors have the right to self-archiving of the article (Author Self-Archiving Policy)