Obstacles recognition and legal protection of indigenous people's land in legal policy national agrarian

Abstract

Customary land remains a problematic issue in national agrarian law policy following the Constitutional Court's decision in 2012. Several factors have hindered the recognition and legal protection of indigenous land, resulting in much of it being rezoned as state land or controlled by individuals or businesses. This has led to the absence of legal recognition and protection for indigenous land. However, such control and ownership deviate from the constitution, necessitating inventory and certification as a form of legal protection within the framework of national agrarian law policy. This study is a field study in private law, specifically in the field of agrarian law, and contributes to providing information on the significant amount of indigenous land in several regions of Indonesia that has not received recognition and legal protection as intended by the Constitutional Court's decision. Some of the challenges faced include the lack of authentic data on the extent and boundaries of customary land, the distance between customary land and research officers from the legal community, funding for customary communities and the National Land Agency, the distance between customary land and the research committee of the customary legal community, the dominance of concessions by investors, and the synchronization of legal frameworks for national strategic development projects, as well as the lack of local government policies in the formulation of regional regulations on land. The theoretical basis for discussing the research problem is based on Soerjono Soekanto's opinion on the factors influencing law enforcement and Laurence Meir Friedman's legal system theory. Using a legal-empirical research method, primary and secondary data collection instruments through interview guides and previous research results with descriptive-qualitative analysis techniques.