Urgensi Identifikasi Masyarakat Hukum Adat Untuk Optimalisasi Pendaftaran Tanah Hak Ulayat Di Kabupaten Langkat

Abstract

Article 3 of the Basic Agrarian Law (UUPA) in conjunction with Article 188 paragraph (21 of the 1945 Constitution of the Republic of Indonesia regulates the conditions for recognizing Indigenous Peoples. Communal land has specific regulations regarding land registration, as stipulated in Minister of Agrarian Affifirs and Spatial Planning/Head of the National Land Agency Regulation No. 14 of 2024. Identification activities serve as benchmarks in the stages ofrecognizing and protecting Indigenous Peoples. The identification of ndigenous Peoples in Langkat Regency must align with the existing conditions. This study examines the recognition and protection of Indigenous Peoples in Langkat Regency following the issuance of Regional Regulation No. 2 of 2019. the process of identifring and registering communal land rights of Indigenous Peoples. and the obstacles in optimizing the registration of communal land rights. The research employs normative legal methods supported by interviews. with a descriptive-analytical approach. Data collection is conducted through literature studies and interviews with relevant informants, and the data is analyzed qualitatively before drawing deductive conclusions. The findings indicate that the recognition and protection of Indigenous Peoples in Langkat Regency through Regional Regulation No. 2 of 2019 involve several stages. The initial stage relates to the criteria for the existence of Indigenous Peoples. which include the presence of hiitorical evidence, specific customary territories, valid customary laws or norms, customary property or artifacts. and established customary institutions or governance systems. The subsequent stage involves the determination of Indigenous Peoples by the Regent through a concrete, individual, andfinal Regent s Decree, which has not yet been implemented in Langkat Regenn: A notable aspect of recognition and protection in Langkat Regency is the significant role played by customary councils. The identification process has revealed the presence of the Langkat Sultanate. Kejuruatt Stabat. Kedatukan Secanggang. and Kedatukan Besitang. Despite their existence. Indigenous Peoples in Langkat Regency primarily function in ceremonial roles. Furthermore. communal land rights registration has not occurred due to difficulties in substantialingsommunal land claims, which impede administration and registration efforts. Additionally there has been no follow-up action after the enactment of the regional regulation, and to date. no Regent's Decree regarding the recognition of Indigenous Peoples has been issued.