Legal Protection of Ulayat Rights In The Traditional Communities of The Baduy Tribe

Abstract

In fact, the existence of indigenous peoples in Indonesia has existed since the time of their ancestors until now. Constitutionally, recognition of the existence of customary law communities can be found in Article 18B paragraph (2) of the 1945 Constitution. Based on the community structure, customary rights are an integral part of customary law communities. Since its inception, customary rights are recognized as land rights if they meet the specified requirements. Based on Article 3 of the UUPA that customary rights are recognized as a right to land if in reality it still exists and the implementation of these rights must be in accordance with national interests and may not conflict with statutory provisions. The customary rights contained in the Baduy Indigenous people are entrusted by the karuhun in the form of "ngasuh Ratu , ngajaga Menak", according to the Baduy Indigenous people that the land they live on or live in is joint property to be used jointly under the knowledge of the Traditional Head or Puun. As an effort to protect the law on the residential area of the Baduy Indigenous People's customary rights, the Regional Government of Lebak Regency has issued a Regional Regulation of Lebak Regency Number 32 of 2001 concerning Protection of the Ulayat Rights of the Baduy Indigenous People . Another form of legal protection for the existence of customary rights in the Baduy indigenous people can be seen in the criminal provisions stipulated in Article 9 paragraph (1) Lebak Regency Regional Regulation Number 32 of 2001 concerning Protection of the Baduy Community's customary rights.