Protection of the Rights of Traditional Communities in the Ownership of Traditional Land Rights for Public Interests (Study of the Drafting of Traditional Legal Community Legislation)

Abstract

Indigenous Peoples played an important role in the founding of the Republic of Indonesia. However, until now there are still many conflicts between Indigenous Peoples with the government and private companies. So, they are negatively impacted. The conflict occurred due to the State's low level of recognition of customary rights and the neglect of the rights of Indigenous Peoples in the process of determining land functions. Indonesia does not yet have special regulations that regulate and recognize the existence of indigenous peoples. Until now, the state has not been able to fulfill the rights of indigenous peoples as part of Indonesian citizens. The existence of customary law communities needs special attention from the state. It cannot be denied that the existence of indigenous communities spread across all Indonesian provinces is not a fiction. It is time for the state to give true recognition to the existence of indigenous peoples. There is a need for a special law that deals with the problems of customary law communities, namely through the Customary Law Community Bill. The DPR RI as a people's representative institution plays a role in forming and ratifying the Bill on Customary Law Communities so that legal issues regarding violations of the rights of indigenous peoples can be resolved. This ratification also aims to provide legal certainty regarding the fulfillment of the rights of indigenous peoples.