UPAYA & STRATEGI MASYARAKAT HUKUM ADAT DESA RAENALULU DALAM MELEPASKAN TANAH ULAYAT DARI KAWASAN HUTAN DI KABUPATEN SABU RAIJUA

EKA PUTRI SYELINA DAUD, 22314010 (2026) UPAYA & STRATEGI MASYARAKAT HUKUM ADAT DESA RAENALULU DALAM MELEPASKAN TANAH ULAYAT DARI KAWASAN HUTAN DI KABUPATEN SABU RAIJUA. Diploma thesis, Politeknik Agraria STPN.

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Abstract

The designation of forest areas in Sabu Raijua Regency in 2008–2009 was carried out as an administrative consequence of the formation of a new autonomous region requiring a minimum of 30% forest coverage. As a result, eight villages were unilaterally designated as protected forest without a free, prior and informed consent process, including Raenalulu Village, whose indigenous community has inhabited the area for 19 generations since approximately 1597 AD. This study aims to examine the efforts and strategies of the indigenous community of Raenalulu Village in fighting for the release of customary land from forest areas, and to understand the legal and social impacts arising from the designation. The study employed an empirical juridical approach with a qualitative descriptive analytical method. Data were collected through in-depth interviews with five purposively selected informants, field observations, and document studies. Data analysis used the Miles and Huberman interactive model with source and method triangulation. The analytical framework applied John Rawls' Theory of Distributive Justice (1971) and Arnstein's Ladder of Citizen Participation (1969) as the primary theories. The results show that the indigenous community of Raenalulu Village pursued four channels of effort simultaneously: political-administrative, legal-land affairs, strengthening of customary legitimacy, and cooperation with the village government. From these channels, four strategies were employed: maintaining physical possession, non-confrontational dialogue, opening multiple alternative resolutions, and choosing communal tenure schemes. Mapping against the Arnstein ladder reveals that no effort reached the level of citizen power, with the highest position only at the levels of placation and partial partnership. The original finding of this study is strategic non-articipation — a conscious refusal of formal state procedures that proved most effective in preserving the community's bargaining position, yet remains undetectable by the Arnstein model which only measures formal participation. The impacts of the forest area designation are multilayered: legal uncertainty obstructing land certification, infrastructure development blockages, latent social tensions, and most fundamentally, intergenerational injustice in the Rawlsian perspective — a policy burden inherited by generations yet unborn in the form of legal uncertainty over customary land. Keywords: indigenous community, customary land, forest area, forest area release, Arnstein participation ladder, Rawls distributive justice, strategic non- participation

Item Type:	Thesis (Diploma)
Subjects:	H Social Sciences > HD Industries. Land use. Labor > HD29 Pertanahan
Divisions:	Prodi Diploma IV Pertanahan
Depositing User:	yosep ka perpus
Date Deposited:	29 Sep 2026 04:14
Last Modified:	29 Sep 2026 04:14
URI:	http://repository.stpn.ac.id/id/eprint/5125

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