Oversee Recognition and Existence of Right of Ulayat/Land of Ulayat Customary Legal Community

Abstract

The title in this paper is Oversee Recognition and Existence of Right of Ulayat/Land of Ulayat Customary Legal Community. In this study used the method of normative research or Library research that uses normative juridical approaches. Use of this method is intended to be obtained data about the basic knowledge and theory that is discussed in writing by conducting a normative legal review used to give an overview of the reality or the phenomenon of recognition of the rights of Ulayat by the state as set out in article 3 of Agrarian Law which then analyzed in order to explain the Existence of rights of Ulayat to date. Until now there are very few legislation that regulates the rights of Ulayat, and until now there is not as suitable by the Agrarian Law. In the legislation mentioned, the customary rights regulation is still generally not yet reached its implementation. Should the rights of customary Law Society be recognized as seen in article 56 of Agrarian Law that the rights of indigenous peoples will be governed by the laws that have not been carried out. Because there has not been any legislation governing the rights to the implementation of indigenous rights experiencing constraints, harassment can occur against indigenous peoples. These circumstances demonstrate the absence of political will and the willingness of good government to rule the rights of indigenous peoples. Allowing Ulayat rights with assumptions depends on the age. Because it can be concluded, that in legislation the existence of Ulayat rights is still weak. Besides, in order to build the national legal system, in addition to setting the right of Ulayat, it is necessary to set the meaning of the rights of Ulayat, its subject, its objects, the characteristics, boundaries, rights and obligations inherent in the rights of the Ulayat.