RECOGNITION OF THE ORIGINAL RIGHTS OF CUSTOMARY LEGAL COMMUNITIES IN THE INDONESIAN NATIONAL LEGAL SYSTEM

Abstract

The fundamental rights inherent in indigenous legal communities are ancestral rights, which originate and evolve from the traditions, cultural values, and social structures of the communities themselves. These rights encompass rights to traditional land, traditional leadership practices, traditional institutions, and traditional legal frameworks. Nonetheless, in reality, this acknowledgment frequently lacks sufficient legal safeguards. to examine how the domestic legal framework offers recognition and protection for the ancestral rights of indigenous legal communities, and how effectively it is implemented. This study is a normative legal analysis (juridical normative), employing both a statutory perspective and a conceptual approach. The findings of this research indicate that the acknowledgment of the ancestral rights of indigenous legal communities has been incorporated into the national legal framework, yet its safeguarding remains insufficient at the execution level. Collaboration is essential among the central government, regional authorities, and indigenous communities to enhance this protection. The government must expedite the creation of enforcement regulations that secure the ancestral rights of indigenous communities and enhance the capability of indigenous institutions to collaborate with the government in overseeing indigenous lands. Enhancing the ability of indigenous organizations to collaborate with the government in overseeing indigenous lands.