The Development of Recognition and Protection of the Customary Rights of Indigenous Peoples in Indonesia

Abstract

indigenous people of Indonesia occasionally experience changes to their customary rights. The Dutch East Indies government has had exclusive jurisdiction over the communities with customary law since the time of Dutch colonial rule. Following Indonesia’s independence, Agrarian development saw quite radical transformations, including the establishment of ulayat rights for communities governed by customary law. A groundbreaking law, known as Law No. 5 of 1960 addressing Basic Agrarian Regulations, was created in 1960. Ulayat rights are acknowledged for existing and being put into practice. This essay examines Indonesia’s legal community’ growing acceptance of customary rights. This kind of research refers to the norms found in statutory rules and is normative in nature because it is based on primary and secondary legal materials. The study’s findings demonstrate that for communities governed by customary law or indigenous peoples who have lost their traditional territory, recognition does not always ensure justice. The defense of their customary rights cannot be made based on government rules and legislation. Keywords: recognition, protection, indigenous people, Indonesia