Law and Historical Review of Land and Customary Laws

Abstract

The 1945 Constitution of the Republic of Indonesia
recognizes and guarantees the rights of indigenous peoples
and the continuation of their traditional life. This
recognition is reflected in Article 18B paragraph (2) of the
1945 Constitution of the Republic of Indonesia, which has
implications for safeguarding the rights of indigenous
peoples, including the agrarian rights they manage. After
the issuance of the Job Creation Law, its implementation has
limited and weakened the rights of indigenous peoples in
managing their customary territories. This research was
compiled using a normative juridical method with a
legislative approach and an analytical approach. The main
legal materials studied are Law Number 6 of 2023 and Law
Number 5 of 1960. The results of the study indicate that the
impact of the implementation of the Job Creation Law on the
continuity of indigenous peoples' rights is very large. This
law weakens customary rights regulated by the UUPA and
other laws. One of the intended weakening efforts is the
elimination of minimum forest area provisions and efforts to
simplify permits that do not require the participation of
indigenous peoples.