Legal Protection of Indigenous Communities on Cultivation Rights Title in Bulukumba Regency

Abstract

The purpose of this study is to analyze and describe the legal certainty of the ownership land for Ammatoa Kajang Indigenous Peoples which around published cultivation right for legal entity and to analyze and describe the implementation of regional regulations in providing legal protection Ammatoa Kajang Indigenous Peoples  rights. This research is empirical legal research that was conducted in Tamatto Village, Ujungloe District, Bulukumba Regency, South Sulawesi. The data collection techniques are interview and literature study. Data obtained in the study were primary and secondary data, analyzed qualitatively and presented descriptively. The results of the study found that the ownership of the Ammatoa Kajang Customary Law Community which around published cultivation right for legal entity had not been fulfilled and had not provided legal certainty because the land was still in the status of PT. Lonsum. The legal certainty of customary community’s cultivation rights title is exacerbated by the lack of evidence of ownership of land owned by customary law communities, which is only proven by natural evidence such as coconut wood so PT. Lonsum which is proof of legal certainty cannot be disrupted. The implementation of regional regulations in providing legal protection has not yet been fully realized. This is influenced by law enforcement factors, community factors, and cultural factors. Meanwhile, on the other hand, settlement through state law is often taken by means of repressive mediation so that the impact does not meet legal certainty for the Indigenous Peoples Law Community, even just swallowing victims and the emergence of many forms of violence.