Poro, Stivani Marantika, Imron, Ali and Shanty, Wika Yudha (2021) Perlindungan hukum hak tradisional masyarakat hukum adat terhadap tindakan individualisasi tanah ulayat untuk tujuan komersial. Bhirawa Law Journal, 2 (1). pp. 169-174. ISSN ISSN P: 2775-4464, ISSN E: 2775-2070

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Abstract

The 1945 Constitution of the Republic of Indonesia has a very large role as the
foundation of all existing laws and regulations in Indonesia. Including regarding the
respect and recognition of customary law community units whose traditional rights as
long as their existence still exist. In this paper, one of the examples taken by the author
is the indigenous people in the eastern part of East Nusa Tenggara Province, namely
the indigenous people of Pubabu. The existence of the Pubabu indigenous people is
very critical because the recognition they get is very weak. This causes their customary
rights to be in a complicated position when it comes to dealing with the state’s right to
control. The local government seems to interfere with the rights of indigenous peoples
because it is in the interests of the state. This certainly should not be done. Therefore,
so that customary rights are not disturbed, let alone eliminating the right to control
the state, it is necessary to have restrictions as well as strong legal protection from both
the Central Government and the Regional Government, this is aimed at achieving the
welfare of the customary law community and protection of the people. human rights,
policies related to indigenous peoples must also be aspirational.

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