Legal Protection of Indigenous Peoples’ Communal Land Rights in the Perspective of Indonesian Agrarian Law

Abstract

The legal protection of indigenous peoples' communal land rights in Indonesia remains a complex issue, deeply embedded within the broader framework of national agrarian law. Indigenous communities in Indonesia have long relied on customary land rights, which are often unrecognized or inadequately protected by state law. This research aims to examine the intersection of indigenous land rights with Indonesia's agrarian legal system, particularly in the context of the 1945 Constitution, the Basic Agrarian Law (UUPA), and recent legal reforms. The study explores the gaps and challenges faced by indigenous peoples in securing legal recognition of their communal land rights, alongside the state's role in balancing economic development, environmental protection, and social justice. Using a qualitative approach, this paper analyzes legal frameworks, case law, and policy implementation to understand the extent of legal protection afforded to indigenous land claims. It also highlights the significance of integrating customary laws within the formal legal system to ensure sustainable land management and preserve indigenous cultures. The findings indicate that while there have been significant advancements, the lack of consistent legal recognition and enforcement mechanisms continues to undermine the protection of indigenous land rights. This study underscores the need for more inclusive and culturally sensitive legal reforms to ensure the protection of indigenous peoples' land rights in Indonesia.