THE EFFECTIVENESS OF LEGAL PROTECTION FOR INDIGENOUS COMMUNITIES IN THE MANAGEMENT OF CUSTOMARY LAND IN THE MERATUS REGION, PAPAGARAN VILLAGE, SOUTH KALIMANTAN

Abstract

The weakness of legal protection for indigenous peoples occurs in the Dayak Meratus community in Hulu Sungai Tengah Regency, South Kalimantan. From 2018 to 2021, they faced a conflict with PT Mantimin Coal Mining (MCM), a coal mining company that obtained a Mining Business License (IUP) in its operational area in Tabalong Regency, including in the Papagaran Village area, which overlaps with customary land owned by indigenous peoples. Despite strong resistance from indigenous peoples and local governments, exploration activities continue, which not only cause environmental damage, but also threaten the survival of local communities. This study aims to determine how the effectiveness of legal protection of indigenous peoples in the management of customary land in the Meratus area of South Kalimantan, what are the inhibiting and supporting factors for the effectiveness of legal protection of indigenous peoples in the management of customary land in the Meratus area of South Kalimantan. In this study the research results were obtained from the field and analyzed based on relevant laws and regulations. The research uses a sociological juridical approach, namely by looking at how the law runs and is applied in the lives of indigenous peoples. The findings were obtained through direct interviews with indigenous peoples, traditional leaders, and village officials in Papagaran Village. the results of the research obtained from the field and the analysis of the relevant laws and regulations. The research uses a sociological juridical approach, which looks at how the law works and is applied in the lives of indigenous peoples. The findings were obtained through direct interviews with indigenous peoples, traditional leaders, and village officials in Papagaran Village. In practice, the recognition has not yet provided effective protection due to the absence of mapping of customary territories and legal administrative documents. This leaves indigenous peoples in a legally weak position when facing claims from outside parties. This causes indigenous peoples to be in a legally weak position when facing claims from outside parties. Factors inhibiting the effectiveness of legal protection of customary land include the lack of public understanding of formal legal procedures, the absence of mapping of customary areas, and the exclusion of customary communities in the licensing process. Meanwhile, the supporting factors are the existence of customary institutions that are still strong, the solidarity of the indigenous community, and the support of the village government which plays an active role in assisting the protection of customary rights.