Recognition and Legal Protection by the State of the rights of Indigenous Peoples to land in positive law in Indonesia

Abstract

The purpose of this writing is to find out and describe the State's Legal Recognition and Protection of Indigenous Peoples' rights to land in positive law in Indonesia. The approach method in writing uses the Normative juridical approach method. The results of the research conducted state that in carrying out this protection and recognition, it is necessary to unite the spatial perspective of traditional territories with the perspective of areas of indigenous people's land. This is also to maintain the function of customary forests that have been included in forest areas within existing functions (for example protected forests). In this way, customary law communities contribute to maintaining forest functions whose control and ownership status is in their hands, but the management of these functions is handed over to the Ministry of Forestry. The existence of a new institution in the form of the Ministry of Agrarian Affairs and Spatial Planning/BPN is expected to be able to overcome the problem of regulatory dualism which separates space and areas within the forest area.