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Download Article (PDF) Advances in Economics, Business and Management Research, volume 140 International Conference on Law, Economics and Health (ICLEH 2020) Protection of Legal Rights of Ulayat Peoples in Sumba Timur District, Indonesia. Sigit Irianto1, Adolf Cornelis2, and Umbu Kundji Hawula3 1 2 3 Faculty of Law, 17 Agustus 1945 Semarang University Email: [email protected]; [email protected]; [email protected] ABSTRACT--Customary rights are rights owned by Indonesian regulations recognize and protect indigenous peoples in Indonesia, such as adat land, the existence of indigenous rights in line with the adat customs, rituals, culture, adat order and life values recognition of international provisions. The to respect their environment which arises based on recognition was stated in the United Nations inner and outer relationships. Indonesian legislation Declaration on the Rights of Indigenous Peoples has provided protection for indigenous rights and all the traditional rights of indigenous and adat peoples, which was endorsed by the General Assembly of but the reality is that in East Sumba district, that the the United Nations in its 61st session at the United regional government does not provide maximum Nations Headquarters in New York on Thursday, protection for indigenous rights. The existence of September 13, 2007, with 144 countries supporting Indigenous Rights in East Sumba Regency still exists , 4 opposed and 11 abstained. and is preserved by the adat law community, by utilizing Protection of indigenous rights under Indigenous land for the people's living needs and international law is regulated in the United Nations carrying out the Marapu beliefs that are still hereditary. Declarations on The Rights of Indigenous Peoples. Legal protection for indigenous rights is still far from One of the court decisions generally stated that: the mandate of Article 18 B of the 1945 Constitution, and other laws and regulations, because regional Recognizing and reaffirming that indigenous regulations actually limit their existence. Constraints in individuals are entitled without discrimination the legal protection of customary rights are the to all human rights recognized in international existence of customary rights not accompanied by law, and that indigenous peoples possess ownership of customary land rights certificates. collective rights which are indispensable for their existence, well-being and integral Keywords: legal protection, indigenous rights, development as peoples. customary law communities Legal protection becomes an important factor, I. INTRODUCTION bearing in mind that customary rights are increasingly eroded by economic factors and The existence of Indigenous rights, especially interests in the name of the interests of the people customary land, still exists in almost all regions of and the State. The regulation of indigenous rights Indonesia, because the customary rights are in the laws and regulations in Indonesia also inherent in the cultural values of the community, contains a contradiction and until it is decided by and a place to perform traditional rituals, as a place the Constitutional Court decision. to make a living, so that arises from outward and The international community also recognizes inner relations from generation to generation and the existence of indigenous rights as the rights of uninterrupted between the adat law community and indigenous peoples, namely in the Declaration of theindigenous land as the area of adat rights. the United Nations Declarations on The Rights of Recognition in the Indonesian State Constitution Indigenous Peoples which emphasizes the also expressly states it, namely in Article 18 B protection and respect for the rights of adat peoples paragraph (2) of the 1945 Constitution the based on equal rights with other citizens, both in Amendment states: politics, economy, social structure, community The state recognizes and respects the adat law culture, values and practices of traditional customs. community units and their traditional rights Adat peoples have rights to land or territories and resources by using, developing and controlling The mandate of Article 18 B paragraph (2) them for the lives of indigenous peoples. becomes the basis for the regulation of the The state will provide legal recognition and legislation underneath in the recognition and protection of these lands or territories and resources respect for the adat law community units and their along with all matters inherent in the customs, traditional rights that still exist in Indonesia. traditions and land tenure systems of the adat The unity of adat peoples includes cultural peoples concerned. This includes compensation for identity and traditional rights respected in line with land, territories and resources that were the development of time and civilization. Copyright © 2020 The Authors. Published by Atlantis Press SARL. This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 477 Advances in Economics, Business and Management Research, volume 140 confiscated, controlled and used or destroyed qualitatively, that is, after the data collected is then without the consent of adat peoples. outlined in the form of a logical and systematic Protection of indigenous rights in its description, to obtain clarity of problem solving, implementation is still very ambiguous, and one of and then deductively drawn conclusions, namely the areas where the existence indigenousland still from general matters to specific matters exists but does not receive legal protection should be the customary rights of indigenous peoples in III. FINDINGS AND DISCUSSION East Sumba Regency. This confusion is based on the situation that the 1. Customary Rights Arrangement In Indonesia indigenous community's adat land rights in the East The regulation of indigenousrights in Indonesia Sumba Regency have been transferred to many starts from the Preamble of the 1945 Constitution functions without the permission of the adat people which says: "protect the whole nation and spill over and without giving up as a process of relinquishing the blood of Indonesia..." which then forms the rights. The transfer of title to the communal land basis of the formulation of Article 33 paragraph (3) was carried out without the knowledge of the of the 1945 Constitution which forms the basis for customary law community in East Sumba Regency. Article 18 B paragraph (2) of the Law The 1945 It also becomes unclear the existence of Constitution Amendments regarding the indigenous land in East Sumba Regency, due to the recognition of indigenousrights and mandating the existence of the East Nusa Tenggara Province state so that the use of the earth (land), water and Regulation No. 8/1974 concerning the natural resources contained therein shall be used to Implementation of the Affirmation of Land Rights, create prosperity for the people of Indonesia. This Article 2 paragraph (1) states that land formerly has become the basis for all laws and regulations controlled by adat peoples or tribal lands , his governing land, water and all natural resources in control is under the authority of the regional Indonesia. government. This provision emphasizes the lack of The regulation of indigenousrights in Article 3 legal protection of indigenous rights. of Law Number 5 of 1960 concerning Basic One comparison in this study is research in Regulations on Agrarian Principles (herein after Manggarai Regency, East Nusa Tenggara. The referred to as the Basic Agrarian Law), confirms Manggarai Regency Government took actions that that the implementation of indigenous rights and did not recognize and provide legal protection for the implementation of such rights from the legal indigenous rights to adat community land in Colol communities adat, as long as in reality it still exists, Village, Poco RanakaTimur District, East must be such that it is in accordance with national Manggarai Regency (before unfoldment).[1] interests and does not conflict with statutory Many indigenousrights have disappeared, regulations. although some still survive and are retained by The definition of indigenous rights, indigenous peoples. The importance and high indigenousland and adat law communities is economic value of land causes the transfer of adat regulated in Article 1 number 1, 2 and 3 of the land rights not through the applicable procedures. Regulation of the Minister of Agrarian Number 5 Protection of the existence of adat peoples and the of 1999 concerning Guidelines for Settlement of rights attached to it is the responsibility of the state Customary Rights of the Customary Law to protect, both in the legislation and in the realities Community (herein after abbreviated to Regulation of the lives of adat peoples. of the Minister of Agraria Number 5 of 1999). Article 1 number 1 Regulation of the Minister of II. RESEARCH METHOD Agrarian Number 5 of 1999 states: Indigenousand similar rights from customary The research method used in this study is based law communities (hereinafter referred to as on an empirical juridical approach method, indigenous rights) are the authority according to emphasizing the mutual aspects of law and adat law owned by certain adat law empirical institutions in examining the rules that communities over certain areas which are the apply in society. The research specifications are environment of their citizens to take advantage analytical descriptive. Descriptive analytic itself of natural resources. has the meaning of a
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