The Existence of Customary Rights of Customary Law Community and Its Regulation in the Era of Special Autonomy of Papua

Abstract

The protection and recognition of ulayat rights of customery law community is a constitutional obligation as written in 1945 constitution Verse 18B. Therefore, bettering knowledge and comprehension of ulayat rights in every tribe existed in Papua is believed as an effort to minimize potential conflicts among government, businessman and indigenous people of Papua. In addition, the knowledge and understanding should be legitimated as the local law as a means to accelerate the regional development as well as community’s welfare. This research was conducted in Arfak people from 2008 to 2009 and continued in 2016. The purpose of this research is to investigate the existence of ulayat rights in indigenous people of Arfak. It is a normative-empirical study that was analyzed by descriptive qualitative method. This study showed that: (1) the protection and implementation of ulayat rights is found in the constitution number 21 year 2001 and implemented in Special Regional Law number 23 year 2008 which says “the ulayat rights of indigenous people is acknowledged and protected by the nation, government, provincial government, district and is implemented by a committee and accommodated in regent or major’s policy.” (2) Indigenous people of Arfak have a graded ulayat rights which are great tribe of Arfak and the smaller tribes which consist of Hatam, Sougb, Meyah, ulayat rights of Mnu, ulayat rights of Keret and the family, as well as the regulation and use of ulayat rights is regulated by their own Mananir.