Legal Literacy - The issue of customary rights has been a concern for a long time. Special attention to customary rights arises because of their legal and social impact, especially for rural communities in Indonesia. Reported from the mediahukumonline.com, customary land is the common land of the customary law community concerned. The right to control land by indigenous peoples is known as customary rights. Customary rights are a series of authorities and obligations of a customary law community related to land located within its territory. Meanwhile, according to G. Kertasapoetra, customary rights are the highest rights to land owned by a legal association to guarantee the orderly use/utilization of land. The community has the right to control the land, where its implementation is regulated by tribal chiefs or village heads.
Recognition of Customary Rights in the Basic Agrarian Law
Law No. 5 of 1960 or the Basic Agrarian Law (UUPA) recognizes the existence of customary rights. This recognition is accompanied by two conditions, namely regarding its existence and its implementation. This article discusses how the recognition of customary rights in indigenous peoples, especially the farming community of Pakel, Banyuwangi, who have fought for their customary land to this day.
History of the Pakel Land Conflict
According to Walhi's records, the history of residents'…
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