LEGAL POLITICS OF CUSTOMARY LAND REGULATION TO PROVIDE EQUITY IN LEGAL PROTECTION

Abstract

The purpose of this research is to find out and identify legal products which regulate the existence of customary land of customary law communities. It is also to analyze whether any issued legal products had protected the existence of customary land so that it can provide sense of justice for the local customary law community. This research is a normative legal research which is conducted by researching and reviewing the laws and regulations, using both statute and conceptual approach. Data collection techniques are carried out by collecting primary and secondary legal data. The results of the study show that the Government has accommodated the existence of customary lands of customary law communities by issuing several regulations, both in the 1945 Constitution, Laws, Government Regulations, Presidential Decrees/Regulations, and Ministerial Decrees/Regulations. Secondly, the existing legal products had protected the existence of customary lands of customary law communities, proven by requiring that as long as the customary land is still exists; it will be protected by law. This provides evidence that the state recognizes customary law as a living law.