FROM TRADITION TO TRANSFORMATION: CUSTOMARY LAND DYNAMICS AND STATE PROTECTION IN MANGGARAI, INDONESIA

Abstract

The global dynamics of indigenous, or customary law, communities have significantly changed, including in Indonesia. However, these changes do not necessarily signal the disappearance of indigenous communities in favor of modern society. This study investigates the Manggarai indigenous communities and the issues surrounding their customary land, known as ulayat land. Conducted in two villages in Manggarai Regency, the research used qualitative methods and a social anthropological approach, particularly ethnographic and normative juridical studies. The findings reveal that indigenous communities in Manggarai persist, though their presence is increasingly fragile, with distinct patterns of change across regions. For example, in Nao Village, the extent of ulayat land is steadily declining, whereas in Popo Village, ulayat land ownership has completely disappeared. These findings underscore the urgent need for state protection to safeguard indigenous communities in Manggarai, which can be achieved through local regulatory mechanisms in areas where such communities remain strong. Several alternatives for protecting ulayat land are proposed: first, granting collective land rights for privately held ulayat land; second, registering ulayat land for dual public and private ownership; and third, implementing a management rights scheme. Despite these challenges, Manggarai’s customary institutions remain robust and play a crucial role in preserving the community’s cultural heritage and ancestral legacy.