URGENSI PERLINDUNGAN NEGARA TERHADAP MASYARAKAT HUKUM ADAT MANGGARAI MELALUI PEMBERIAN HAK ATAS TANAH BERSAMA

WASYILATUL JANNAH, 17263045/ M (2021) URGENSI PERLINDUNGAN NEGARA TERHADAP MASYARAKAT HUKUM ADAT MANGGARAI MELALUI PEMBERIAN HAK ATAS TANAH BERSAMA. Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

The dynamics of indigenous communities at the global stage have changed,including indigenous communities in Indonesia, but this change does not necessarily mean the disappearance of indigenous communities in exchange for the birth of modern society. Manggaraian as indigenous communities cannot be separated from the dynamics of global development. The existence of the Manggaraian indigenous communities currently still exists but has not received serious attention from the state so that a study is needed regarding the existence of the indigenous communities to provide protection. Thus, this research was conducted to explain the dynamics of indigenous communities in Manggarai and the problems faced by Manggaraian indigenous communities related to their community land. This research was conducted using qualitative methods and social anthropological approaches, especially ethnography and normative juridical studies. To determine the existence of Manggaraian indigenous communities, this study only examines the conditions of customary laws and institutions within the Manggaraian indigenous communities. To determine the urgency of state protection, this study covers the pattern of customary land tenure, the existence of customary land, individualization conditions, certification conditions, and problems that occur in the research location. This study includes 5 villages located in 2 districts namely Nao Village, North Satar Mese District, Manggarai Regency; Popo Village, North Satar Mese District, Manggarai Regency; Nanga Labang Village, Borong District, East Manggarai Regency; Rondo Woing Village, Rana Mese District, East Manggarai Regency; and Satar Punda Village, Lamba Leda District, East Manggarai Regency. Through this research it was found: First, in Nao Village, indigenous communities and their community land rights still exist but are starting to weaken. Another finding is that there is a conflict related to the distribution of customary land due to some community members not getting a share of the land; Second, in Popo Village, indigenous communities still exist but without community land. Another finding is that based on the analysis of certificate data, agricultural land ownership in Popo Village has not met the minimum agricultural land requirements for farmer households; Third, in Nanga Labang Village, it was found that indigenous communities had almost disappeared and community land had completely disappeared. In addition, based on the results of the certificate data analysis, it was found that 13.5% of the area was controlled by 22 people who were socially and economically strong; Fourth, in Rondo Woing Village, it was found that indigenous communities are still strong but without community land. In addition, it is known that the community hopes for the legalization of assets but has difficulty accessing roads; and Fifth, in Satar Punda Village, it was found that indigenous communities and community land still exist but are starting to weaken. Another finding is that currently both community and individual lands are being pressured by plans to build mines and cement factories. Based on the results of the study, it is known that indigenous communities in Manggarai still exist with an existence that tends to weaken and have different patterns of change in each region. Communal lands are still there but the numbers are increasingly limited and there are even areas that no longer have community lands. State protection against Manggaraian indigenous communities can be done in various forms. For communities whose existence is still strong, it is necessary to affirm the existence of communities through the issuance of regional regulations as a form of formal protection from the state. As for community lands, there are several alternative protections, namely: First, through the granting of joint land rights for only private community land; Second, registering community land for indigenous communities whose customary rights contain public and private elements; and Third, implementing the Right of Management scheme. Keywords: Manggarai, Indigenous Community, Community Land

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