PERLINDUNGAN HUKUM HAK ULAYAT MASYARAKAT HUKUM ADAT ATAS PENGAMBILALIHAN TANAH ULAYAT OLEH NEGARA

Abstract

Ulayat land is shared land of the members of the customary law community concerned. Tenure rights over customarylaw community lands are known as Ulayat Rights. Ulayat rights are a series of authorities and obligations of a customary law community, which relate to land located within their territory. UU no. 5 of 1960 or the Basic AgrarianLaw (UUPA) recognizes the existence of Ulayat Rights. Ulayat rights are in fact still recognized in Indonesia as stipulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations Article 3 stipulates that "Ulay rights andsimilar rights of customary law communities, as long as they actually exist, must be such that it is in accordance withnational and state interests, which are based on national unity and may not conflict with higher laws and regulations.”The recognition is accompanied by 2 (two) conditions, namely regarding its existence and regarding its implementation. Based on Article 3 of the UUPA, customary rights are recognized "as long as in reality they still exist". The authority of the state, namely to regulate the legal relationship between customary law communities and land, is closely related to the legal relationship between the state and land. This is because the legal relationship between the state and the land greatly influences and determines the contents of laws and regulations governing the legal relationship between customary law communities and their customary lands as well as the recognition and protection of rights arising from these legal relations. Therefore the law governing recognition and protection is urgently needed to guarantee legal certainty to indigenous peoplesso that theirland rights are not violated by anyone,including the government. This right to control/control the state must be strictly limited for the future and it is time to think about alternatives to the right to control the state so that the right can be limited in its conception and implementation.