Tanggung Jawab Pemerintah terhadap Pengelolaan Tanah Ulayat Masyarakat Hukum Adat bagi Pembangunan untuk Kepentingan Umum Ditinjau dari Hukum Agraria Indonesia

Abstract

The management and procurement of customary land belonging to indigenous law communities for public purposes by the government often give rise to conflicts due to the lack of optimal involvement and protection of indigenous peoples’ rights. This condition creates legal issues related to the government’s authority in the management through the procurement of customary land belonging to indigenous law communities for public purposes based on Indonesian agrarian law and the form of legal protection for indigenous peoples regarding the procurement of such customary land as a form of government responsibility toward the customary land of indigenous law communities. This study uses a normative juridical method with a descriptive-analytical nature, namely examining legislation, literature, and other legal materials related to the management of customary land belonging to indigenous law communities for public purposes based on Indonesian agrarian law. The results of the study indicate that the government, in the management and procurement of customary land belonging to indigenous law communities for public purposes, is obliged to respect customary rights through deliberation, transparency, participation of indigenous communities, as well as the provision of proper compensation so that development can proceed without disregarding the social, cultural, and spiritual values of indigenous law communities.