Volume 1 Issue 2, March 2017: pp. 131-144. Copyright © 2017 PALAU. Faculty of Law, Pattimura University, Ambon, Maluku, . p-ISSN: 2527-7308 | e-ISSN: 2527-7316. Open Access At : http://fhukum.unpatti.ac.id/jurnal/index.php?journal=palau

Ulayat Right of Customary Law Community

Adonia Ivonne Laturette

Faculty of Law, Pattimura University Jln. Ir. M. Putuhena Kampus Poka, Ambon, 97233, Indonesia Tel./ Fax: + 62-911-3825204, E-mail: [email protected]

Abstract: Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land. Ulayat Land is a plot of land that belongs to a group of people in a region. Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State. The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government as in the Basic Agrarian Law Number 5 of 1960 Article 3. The conditional recognition that indigenous and tribal peoples can be recognized throughout 1) in reality Still exist, 2) in harmony with the times, 3) in accordance with national interests, 4) confirmed by local regulations. Such conditional recognition directly or has strengthened the State's domination of the rights possessed by society, it means that indigenous and tribal peoples will always be defeated when faced with state to defend their rights. The consequences of such an imbalance will clearly affect the role of indigenous and tribal peoples in the management and utilization of their ulayat land.

Keywords: ulayat right; customary law community

INTRODUCTION of society in the era of modernization, yet In the community of customary law, the most still use the land for the land is very special position, as a place to benefit of human life as a group. Efforts build a buildings, feeding places, where soil functions for the public benefit, they are buried, have a spiritual value including indigenous peoples can not be where they can relate to their separated from the various considerations ancestors. From a historical and cultural religious, social, and economical1. Many of point of view, our society is an agrarian society, and to date even though 1.Valerine J.L. Kreikhoff. (2003). Tinjauan industrialization has become the demands Antropologi Mengenai Hak Masyarakat Adat Dan wewenang Negara, dalam Hukum Dan Kemajemukan Budaya, Sumbangan Karangan Untuk Menyambut Hari

Pattimura Law Journal Vol.1 Issue 2, March 2017 | 131 the changes that have been produced with development and as a victim of their development in all fields starting development that designed or established from the changes to the structure and social by the state. Do not be surprised if it institutions with all its aspects. This is due happens land conflicts, especially between to the number of development activities in groups of people with the government as a recent years developed by the government ruler. Such conflicts have so far filled the and private parties to increase the long list of contents. The cases of land economic value of natural resources such conflicts are almost all over Indonesia, in as the development of housing for both the islands of , , Irian Jaya, occupancy and for commercial and Kalimantan, , even to small business areas are increasing, especially in islands such as Kepulauan Seribu, large cities and surrounding areas, the Kepulauan Maluku, Mataram and East policy program population distribution Nusa Tenggara. through transmigration and resettlement Sometimes the government takes the programs which would require the land of the people with a reason for land. Development in the forestry and development. The land that the mining sectors that would require land in a government considers to be ulayat very wide area. In addition, in recent years land. The existence of ulayat land does not the growth of property and housing actually belong to a particular tribe, group business, especially in big cities and or person or government. Thus the position surrounding areas, has also spurred the of the community (adat) will obviously be rapidly increasing demand for land.2 very weak if the acts committed violently Control of ideas and implementation and ideologically are done. Sometimes of development by the state ultimately puts parties to this conflict, both project the people in a position opposite to the managers in the field as well as local and state3, both in the meaning as a subject of central government, evade from the fact that the local indigenous people first possess the land and natural Ulang tahun ke 70 Prof. Dr.T.O. Ihromi. : Yayasan Obor. pg. 174 resources. Various cases of ulayat land 2 Zakaria & Soehendoro. (1995). Pengaturan Hukum Adat Tanah dalam Perundang-undangan Nasional arising on a regional or national scale, will dan Rasa Keadilan. Paper of National Seminar Pluralisme Hukum Pertanahan di Indonesia. Jakarta: never obtain a thorough completion YLBH, pg. 3 3 Mahanani Subekti. (2001). Kedudukan UUPA 1960 dan Pengelolaan Sumber DayaAgraria di Tengah Melanggengkan Ketidakadilan). Jurnal Analisis Sosial, Kapitalisasi Negara (Politik Kebijakan Hukum Agraria 6(2): 21.

Pattimura Law Journal Vol.1 Issue 2, March 2017 | 132 without the necessary objective criteria as considered vital to meet the needs of the a benchmark for the existence of Ulayat livelihood of many people as contained in Rights4. the basic concept of land control by the According to Basuki Rekso Wibowo5 state in Indonesia contained in Article 33 in practice is often a clash of substance and paragraph 3 of the 1945 Constitution and how the arrangement between the state law various legislation - other legislation not to on the one hand with customary law and hesitate to take the land. In such a religious law on the other hand, due to the situation, the indigenous peoples do not fundamental differences concerning the immediately give the communal land source of authority, the authority arranged, which is controlled for generations to be the substance of the rules, procedures, converted, controlled and managed by the organization and goal setting which state state in cooperation with other parties who law derived from the authority of the state have the capital. They argue that they have authorities, are rendered through a formal Ulayat Rights over the land long before mechanism and put in the form of formal Indonesia existed. The right to land in the rules in the form of legislation is "Top overall view is a communal right, but still Down" while customary law derived from allows the control of land individually the authority of the authority of the under various conditions and with the community, its existence is due to the permission of the Chief Customary. existence and development of society Although indigenous peoples have is "Bottom Up ". full customary authority to control, manage Faced with the need for land in and utilize their ulayat lands, their legal development activities that would require jurisdiction is not as powerful as the extensive land, customary land that has state. The position of indigenous peoples been dominated by indigenous peoples was and their right to ulayat land is actually also being taken to meet the needs of the acknowledged conditional through various development. Moreover, if the content of laws of state issued by the government as natural resources in and on ulayat land is in Article 3 of the Basic Agrarian Law No. 5 of 1960 which states:

4 Maria Sumardjono. (2006) Kebijakan "In view of the provisions of Pertanahan. Jakarta: Kompas Agustus 2006, pg. 67 5 Basuki Rekso Wibowo. (2007). Hukum Adat & Articles 1 and 2, the exercise Hukum Negara di Bidang Pertanahan, Sumber daya of the Ulayat Rights and Alam & Kewarisan:Perbandingan, Perbeturan & Solusi. similar rights of customary Malang: Pelatihan Mediator Tingkat Lanjut (Masyarakat Adat, Tokoh Agama, dan LSM) law communities, insofar as

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they still exist, shall be such METHOD that in accordance with the This research is legal (legal national and state interests, based on unity Nation and research) because of legal science has a should not conflict with other distinctive character6. Philip M. Hadjon laws and other regulations " found normative legal research and can not Article 3 of the Basic Agrarian Law be qualified as qualitative research does implies a recognition that the indigenous not use quantitative analysis (statistics), it peoples can be acknowledged as long as: is distinguished on the nature and 1) in reality still exist, 2) in harmony with consequences of data analysis7. the development of the time / century, 3) in According to Peter Mahmud accordance with national interests and 4) Marzuki, legal research is not required any confirmed by local regulations. hypothesis, in legal research is also not Nevertheless, the recognition of known data term. Similarly, the term indigenous peoples and their rights still qualitative and quantitative analysis is not does not vary much with the style of a term commonly in legal research8. recognition made in the era of the Old The method used in this study is the Order and in the New Order era. Such approach of legislation, the conceptual conditional recognition actually indirectly approach and case studies. or directly reinforces the state's dominance Legislation Approach (Statute over the rights possessed by indigenous approach) is made by reviewing and peoples. This means that indigenous analyzing in depth the various kinds of peoples will always be defeated when legislation, carried out by analyzing the facing the state to defend their rights. provisions of law, especially with regard to In the dynamics of the meeting between communal land in the national land laws. the two imbalanced authorities, the study Conceptual Approach is made by on the Ulayat Right of customary law reviewing and understanding the concepts community becomes very important to do. of the laws relating to the rights of Such a clear study will make a meaningful communities in the management and contribution to finding ideal models in the utilization of communal land. management and utilization of a more just, 6 Philipus M. Hadjon dan Tatiek Sri Djamiati. more democratic and more prosperous (2005). Argumentasi Hukum, Gadjahb Mada University Press, , pg. 1 land. 7 Ibid 8 Peter Mahmud Marzuki. (2005). Penelitian Hukum. Jakarta: Kencana Prenada Media Group, pg. 36

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The case studies (case study) by itself gives valuation and appreciation to exposing examples of cases of rights of the land in such a way that the land community of the customary law. becomes a very special thing and gets special treatment in its legal arrangement. ANALYSIS AND DISCUSSION These interests are looked at Relationship Between Land With associations Communities In Customary Law The people of Indonesia depend on their law (rechtsgemeenschappen) illustrated by livelihood, meaning that people's Faith Sudiyat as follows: dependence on land is very high. Land for The local the community is considered very Guild (dorpsgemeenschap) or union important. In terms of philosophy, the land territory (streekgemeenschap) is not is a symbol for the dignity of their lives. only a legal union alone, but Tanah is a place of birth, place of life, especially the business alliance, with place of worship and also a place to die. As the land as capital; A company in a place of birth, every relative must have a which all members of the partnership house where posterity is born. As a place in question have and have their to live, every relative must have a rice field obligations and sources primarily or field that is a mainstay to ensure the obtain the possibility of fostering feeding of relatives. Land is made a place their livelihoods. to worship, worship and to worship. As a The legal partnership was also place of death, every people should have a formulated by Ter Haar as "a regular, cemetery so that the body can be fixed gang with power of its own, buried. The relationship between land and also its own treasures of visible and 10 society above it will always be intertwined invisible objects" in various interests. From what has been pointed out Land is something related to his above, it is recognized that not all predecessors, as land for indigenous circumstances in which there are people peoples have a special and very important who live as a whole can be called legal value in the livelihoods9. Customary Law partnerships. Only people who meet the elements:

9 Djuhaendah Hasan. (1997). Rumah Vertikal Berdasarkan sistem Srata Title Suatu Alternatif Dalam 10 B. Ter Haar translate by K. Ng. Soebekti penilaian Rumah oleh Orang Asing . Majalah Hukum Poesponoto. (1999). Azas-azas dan Susunan Hukum Nasional, BPHN, No. 1. pg. 23. Adat, Jakarta: PradnyaParamitha, pg. 7

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1. Regularity has power which is limited to the region 2. Live in one area and to the society in which the leader is 3. Have their own power appointed. Have their own physical wealth, The land for a customary law as well as spiritual, which is community is very important, given the viewed as a unity of indigenous close relationship between indigenous communion society. peoples and certain lands or territories From elements put forward clearly commonly referred to as ulayat lands. The visible relationship between the land with so-called land belonging to the customary indigenous and tribal peoples having the law community has an understanding of meaning that the land which is the wealth the right of the customary law community of the people residing within a certain area to a certain area which is quite wide. lives continuously has a solid unity and has Indigenous People's relation to the the regularity of the customary law land where they stand affects the various community, retained by its leader or adat functions of the land for human life, leader. The existence of indigenous and namely as a place of trying to establish a tribal peoples existed before the United place to live, a place to feed them, where State of the Republic of Indonesia. they are buried and places various other As social beings they certainly do not social activities. Indigenous and tribal live alone but live together in groups. In peoples' relationship with the land is a that common life they organize themselves mastering relationship, not civil, meaning and other members of society according to that they can occupy the land where they the custom which is regarded as the legal can master. order. The custom which is perpetuated in Ulayat is often defined as the area the end customary law is recognized where customary law communities have through its adat institutions. Indigenous the authority to live. The area in which and tribal peoples will be subject to the they are and want to make it a place to rule of adat law. Indigenous and tribal have a material life (eating, drinking) as peoples themselves are a group of people well as immaterial (spiritual), therefore who live in a very strong brotherly ties such areas are also made into sacred based on heredity. In defending themselves territory so that every act of authority they appoint one of them as a leader who requires a magical act of religious.

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Beschikkingrecht or communal land that is protected by the under customary law in the hands of tribes legal community. The / communities / villages. As for the entry relation of rights between into force according to Ter Haar is as the person who clears the follows11: land and the open land, a. Applies inward the longer the stronger if 1. The community of law / the land continues to be its members together may cultivated, and finally benefit from the land and becomes the property of the plants and wild the opener. Nevertheless, animals that live on it. the Ulayat right of the 2. Members of a tribe / legal legal community over the community, for their own land remains despite right to hunt, to collect weakening. If the land forest products (which has been opened it is then are then owned by left untreated then the property rights) and even soil will be back into the have the right to possess land Ulayat rights law several trees that grow community / wild when the tree is village. Another of the maintained by it. important transactions 3. They have the right to that the land should be open the land with the premises knowledge of the head of support (medewerking) c the tribe / legal hieftain / communities / community. Land villages. clearing with the 4. By the people of the law knowledge of the head of itself can be determined the tribe / legal / rural parts of the area that will community, is a legal act be used for residential areas, places for tombs,

11 Imam Soetiknjo. (1985). Undang-undang general stocks, rice fields Pokok Agraria, Sekelumit Sejarah. Jakarta: Departemen Dalam Negeri. Direktorat Jenderal Agraria, pg. 45-47

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and other purposes tribe / local law together. community is responsible b. Apply out for finding the murderer 1. Members of other ethnic or paying the fine. groups (also neighbors) When viewed from the validity of the should not take Ulayat Right, it is clear that the advantage of the land communion of customary law has the area of communal land, characteristics or signs of the Ulayat Right except with the namely: permission of the head of 1. Is the property of an individual or the tribe / community family member of an adat law law, and to give some community small gifts (money 2. Cannot be diverted or transferred income, 3. Applies only to local customary Aceh; mesi, Java) law communities first. Permission granted 4. Outsiders or people from to other tribes is neighboring communities cannot temporary, eg for one control the land with private harvest season. In rights, may only collect the principle other members proceeds after obtaining of other tribes can not permission from the public. have ownership rights utilization of communal land after over these lands. paying something (recognition) by 2. A tribe / legal community outsiders. with an Ulayat Right to Thus, indigenous and tribal peoples its territory, is can control and use the land freely and in responsible for matters full accordance with the provisions occurring within the applicable in the customary law territory. For example, if community itself. The alien who seeks and another member of the collects the proceeds shall obtain the tribe is found dead or recognition and permission of the adat killed in the area, the leaders or adulterers.

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Customary rights relations with aspects of the land is a refuge and the life indigenous and tribal peoples have a of the ancestral spirits as the predecessor reciprocal relationship. The stronger the who controlled the region in the form of relationship between the community and magical nature as a protector and keep the the land the stronger the ulayat right fertility of his ancestral land. holds. Conversely, if the relationship Implementation of Protection Of The between the individual and his land is Legal Rights Of Indigenous Peoples getting stronger, then the community's After waiting for 55 years before 2000 the right to land is getting weaker second amendment was made to the 1945 In indigenous and tribal peoples Constitution. The amendment to the 1945 there is an authority to act with the Constitution carries the consequences of intention of preserving the wealth of the interpretation of the recognition of the indigenous and tribal peoples, but the existence of the Community of Customary authority is not so great that it merely Law and their rights as regulated in Article resembles the power to exclude the right of 18B paragraph (2) which reads: indigenous and tribal peoples to sell or "The State recognizes and respects the unity of relinquish their rights to non-indigenous indigenous and tribal peoples peoples. along with their traditional rights as long as they are Thus the relationship between alive and in accordance with indigenous and tribal peoples with the soil the development of society and the principle of the contains various meaning which is Unitary State of the Republic strategic in society life like political of Indonesia. " aspect. Land is the basis for enlarging the And Article 28 I Paragraph (3) which territory of power in maintaining survival reads: and the land as a force in the conduct of "The cultural identity and competition with groups that are at its rights of traditional societies borders. While as the economic aspect of are respected in harmony the land is a symbol of prosperity and with the times and wealthy so it is regarded as an inheritance civilizations" of ancestral heritage that cannot be Both of these articles still use the transferred to anyone except their own concept of "conditional recognition" as offspring. Viewed from the socio-cultural embraced by various laws on Natural

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Resources (SDA) derived from Article 33 one hand Article 18B Paragraph (2), paragraph (3). Given the principles of the recognition of the existence or existence of rules governing the "earth, water, and customary law communities shall enter natural resources contained therein are into the domain of laws relating to local controlled by the state, it is hardly possible government, whereas the Law 28 I for indigenous and tribal peoples to easily Paragraph (3) shall be regulated in the Law acquire the ruler. This may be due to the on Human Rights. role of the State to recognize the existence However, the existence of Article of indigenous and tribal peoples insofar as 18B Paragraph (2) of the 1945 Constitution these customary laws conform to state has already appeared to be good for the regulations. practice of protection of indigenous and The recognition of indigenous and tribal peoples (hak ulayat). With the tribal peoples in the 1945 Constitution existence of this article means that there is creates a very dilemmatic issue, one side already a strong constitutional foundation being the spirit of recognition to protect the for indigenous and tribal peoples whose legal community and its rights, but on the traditional rights have been neglected. other hand the state has a very big role so In its development, recognition that that it is more concerned with the interests supports the existence of Indigenous of the State not the interests of indigenous People and their traditional people. Budi Hardiman suggests pleased rights. Acknowledgment and respect for to Article 18B (2) and Article 28, first Ulayat Rights are contained in various paragraph (3) illustrates that the state has a Regulations including Regional major role in defining, recognizing and Regulations (PERDA) which use the legal legitimizing the existence of indigenous basis relating to the authority of the and tribal peoples throughout the country regional regulation as well as the legal in accordance with a rules. This paradigm basis relating to the material set forth in the is incompatible with the principles of law. Examples of several Regions equality and democratic autonomy. governing the recognition and respect of If we look at the contents of Article Ulayat Rights are the Regional Regulations 18B paragraph (2) and Article 28 I of Kampar Regency Number 12 Year 1999 paragraph (3), it appears that there are two on Ulayat Rights; Regional Regulation of laws regulating indigenous peoples. On the Number 32 Year 2001

Pattimura Law Journal Vol.1 Issue 2, March 2017 | 140 concerning the Protection of the Ulayat national positive legal system does not Right of Baduy People; West Sumatra provide a legal status to indigenous and Regional Regulation No, 6 Year 2008 on tribal peoples with a variety of policies, Ulayat Land. And some areas are drafting regulations and decisions that certainly the Local Regulation of Tobelo Civil limit the existence of indigenous and tribal Rights Right, the Draft of the Local peoples. Regulation of Ulayat Rights of Halmahera The consequences of all this arise Utara and Article 6 of Law N0. 39 In 1999 conflicts in various regions of the on human rights. In the reform era the homeland relating to ulayat land. These opportunities to provide protection to conflicts arise notwithstanding that indigenous and tribal peoples (Ulayat indigenous and tribal peoples wish to Right) are beginning to appear. The retain their ulayat rights resulting in protection of indigenous and tribal peoples conflict with the Government, investors other than those mentioned in Article 18B who have obtained various forms of paragraph (2) and Article 28 I Paragraph licensing to use or exploit customary (3) of the Second Amendment Act of 1945 community land. of 2000, is also stated in Article 41 of Developments that support the MPR Decree Number XVII / MPR / 1998 recognition of indigenous and tribal on Human Rights, MPR Decree peoples and their traditional rights No.IXMPR / 2001 on Agrarian Reform continue. Expert Forum Meeting of KAT and Natural Resources Management, (Remote Indigenous Communities)12April Article 5 paragraph (3), Article 6 2, 2009, discusses the multiyear approach paragraph (1) and Article 6 paragraph (2), in the KAT empowerment needs to be Law no. 39 of 1999 on Human Rights, reconsidered as a process of continual Regulation of the State Minister / Head of change for KAT. BPN No. 5 of 1999 concerning the At the international level juridical Guidance on the Settlement of Problems of recognition of indigenous and tribal Customary Communities Community peoples is contained in the ILO Customary Rights. However, recognition Convention no. 169 of 1989 on The of the legal community as well as indigenous and Tribal Peoples in traditional rights is not necessarily Independent Countries (indigenous and followed up. This is because the current 12 Pertemuan Forum Pakar Pemberdayaan KAT. (2009). Artikel Departemen Sosial. Jakarta

Pattimura Law Journal Vol.1 Issue 2, March 2017 | 141 tribal peoples in independent countries) Recognition of an Adat Law by State defines indigenous peoples as tribes who Law also brings the issue of legal resided in independent countries whose certainty. Understanding the principle of social, cultural, and economic, which is legal certainty in Customary Law is not the different Other society. In general, the ILO same as the legal certainty principle Convention recognizes that indigenous and understood in the legal system of the state, tribal peoples are recognized and other things with the recognition of state guaranteed their right to self-determinate law against custom written law system, their various priorities in the development such as Islamic law, Christian law, Hindu process affecting their lives, beliefs, law that usually does not cause problems institutions and well-being and the lands The legal certainty as evoked by the and territories (ulayat) that They have to be recognition of state law on the unwritten protected, or the rights of the peoples system of Customary Law. concerned to use lands that are not CONCLUSION exclusively occupied by them, but Basically, indigenous people have a very traditionally they have access to their close relationship with their ulayat land, livelihoods and traditional activities, and to especially regarding the pattern of mastery exercise control over, until Possible limits, and utilization. Initially it must be admitted on their economic, social and cultural that indigenous peoples have authority that development. may be said to be very autonomous and However, despite the legal protection absolute in the control and utilization of of indigenous people in various legislation, ulayat land and various agrarian resources there is still a lot of oppression on residing in it. However, over time and the customary law community rights strengthening of the role of the state in committed by the Government and various fields, the role of indigenous investors. This is because the protection of peoples in their development has faced the Ulayat Right of customary law many challenges and has weakened in the community still adheres to conditional presence of the state. The strengthening of recognition. So that there are irregularities the role of the state is strengthened by the to the legislation that should provide entry of the concept of "Right to Control protection. the Country". Which is constitutionally based on Article 33 Paragraph (3) of the

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1945 Constitution and is the basis of investors in the management of natural control of the state, as well as various resources within its ulayat territory. Thus positive laws under it such as BAL and creating a balance in the utilization and other positive laws enacted after the management of agrarian resources / natural LoGA. resources for the welfare of the Basically, the customary law people. With this pattern it will give community has full customary authority recognition to customary rights for for the control and utilization or indigenous and tribal peoples in management of its ulayat land, but the management involving investors / owners formal jurisdiction of its authority is not as of capital with due regard to the existence strong as the state as stipulated in the of customary law community over ulayat LoGA. The position of indigenous peoples land. and their right to ulayat land is actually acknowledged on a conditional basis BIBLIOGRAPHY through various laws of the state issued by Basuki Rekso Wibowo.(2007). Hukum the Government as in Article 3. It is hoped Adat & Hukum Negara di Bidang Pertanahan, Sumber daya Alam & that there will be a pattern set forth in the Kewarisan : Perbandingan, legal provisions governing the utilization Perbeturan & Solusi.Batu-Malang. Pelatihan Mediator Tingkat Lanjut and management of communal land that is (Masyarakat Adat, Tokoh Agama, carried out collaboratively between the dan LSM). Djuhaendah Hasan.(1997). Rumah Vertikal state and the legal community Adat, so that Berdasarkan sitem Srata Title Suatu the existing role of customary law Alternatif Dalam penilaian Rumah oleh Orang Asing”.Majalah Hukum community on Ulayat Rights is balanced Nasional, BPHN. No. 1. with the role that exists in the State Mahanani Subekti. (2001). Kedudukan UUPA 1960 dan Pengelolaan Sumber especially to the Regional Daya Agraria di Tengah Government. Therefore, it is necessary to Kapitalisasi Negara (Politik Kebijakan Hukum Agraria divide the authority between the central Melanggengkan ketidakadilan). and regional governments that directly Jurnal Analisis Sosial, 6 (2): 21. Marzuki Mahmud Peter. (2005). Penelitian touch on the ulayat right of customary law Hukum. Jakarta: Kencana Prenada community. Indigenous and tribal peoples Media Group. Philipus M Hadjon dan Tatiek Sri are given the opportunity to build better Djamiati. (2005). Argumentasi relations with the State as well as the Hukum. Gadjah Mada, University Press.

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Sumardjono Maria S.W. (2001). Kebijakan Pertanahan Antara Regulasi Dan Implementasinya. Kompas. Sumardjono Maria S.W. (2008). Tanah Dalam Perspektif Hak Ekonomi Sosial dan Budaya.Kompas. Ter Haar Bzn Translate by K Ng Soebakti Poesponoto, (1960). Azas-azas dan Susunan Hukum adat. Jakarta: Pradnya Paramita. Valerine J.L. Kreikhoff. (2003). Tinjauan Antropologi Mengenai Hak Masyarakat Adat Dan wewenang Negara, dalam Hukum Dan Kemajemukan Budaya, Sumbangan Karangan Untuk Menyambut Hai Ulang tahun ke 70 Prof. Dr.T.O. Ihromi. Jakarta: Yayasan Obor. Zakarias, R. Yando & Soehendoro, Djaka. (1995). Pengaturan Hukum Adat dalam Perundang-undsangan Nasional dan Rasa Keadilan. Paper of National Seminar Pluralisme Hukum Pertanahan di Indonesia. Jakarta: YLBHI.

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