Law Protection On Ulayat Rights Of Customary Law Community

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Law Protection On Ulayat Rights Of Customary Law Community

Adonia Ivonne Laturette
Law Of Faculty, Pattimura University
Putuhena Street Poka Ambon Maluku Indonesia Post Code 97237
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Abstract: In the customary law community, land is very privileged. Ulayat rights are rights that are given magical aspects as a threatening force and can provide sanctions as a basis for the legitimacy of control over an area or plot of land called ulayat land. Ulayat land is a piece of land that belongs to the community group. Although indigenous peoples have full customary authority to control, cultivate and utilize their traditional land, their authority is not as strong as that of the State juridically formal. This research was a normative juridical study using the statue Approach, conceptual approach, and case approach by looking at the laws and regulations relating to ulayat rights, concepts ulayat rights and protection of ulayat rights. In the midst of the strengthening of the State’s dominance over the various authorities of customary law communities and ulayat rights, the existence of indigenous peoples began to be recalculated. All parties both at the National and International level considered the importance of providing a place and protection of the ulayat rights of indigenous peoples.
Keywords: Legal Protection, Ulayat Rights, Customary Law Community

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Journal : Talent Development & Excellence

Vol – Issue : 12 – 2

Page: 1478-1486