Indigenous peoples need to be given an understanding of communal land rights and communal rights
Indigenous law expert from law Faculty of Cendrawasih Unversity (Uncen) Jayapura, Dr. Frans Reumi said that indigenous peoples in Papua must first be given an understanding of the land of communal land rights and communal rights, before the government issues the ulayat land certificate, which is the program of President Indonesia Jokowi.
He said this should be done because it is feared that the issuance of ulayat land certificate will cause confusion among indigenous peoples.
As reported by Jubi, According to him in Papua, ulayat land is held by tribe, clan or clan, and nuclear family.
If it refers to the regulation, in the Ministerial Regulation (Permen) of Agrarian and Spatial number 9 of 2015 is translated clause on communal rights. But strangely, in the regulation of the Minister of Land and Spatial no. 5 of 1999, set the guidelines for the settlement of customary rights of indigenous peoples. Of these two rules, there is a different mention.
"Are communal rights and customary rights the same or not, both physically, the subject, and its characteristics, because in Papua it is not a royal community, but a tribal," said Dr. Frans Reumi to Jubi, Monday (19/3/2018).
Reumi said the ulayat right and communal rights should be seen from three groups. Rights are held by tribe, clan or clan and nuclear family. The concept of ulayat and communal rights should be explained to the people.
For that reason communal rights must be seated clearly. Are in tribe or clan. Do not let a clash between customary rights and communal rights in its application.
He said, do not let indigenous people in Papua busy asking for certificates, but do not understand whether the position of communal rights or customary rights.
In article 3 of the Basic Agrarian Law No. 5 of 1960, Reumi said, there is no mention of communal right, but ulayat right. But this collide with the Agrarian Pemen number 9 of 2015.
"There should be an explanation to the community on the concept of communal land rights and communal rights, so there will be no potential for conflict," he said.
It is said, ulayat right on land, sea and water. But whether communal rights are the same. In addition, customary rights are more public and private, communal rights are more private.
In response to this, the House Commission I member of the Papua House of Representatives, Orgenes Wanimbo also warned the government to be careful in this regard. The government's good intention should not be a problem for the future.
"I am afraid there will be an impact on indigenous customary communities if the government is not careful in this program," Wanimbo said.
In Papua, according to him, there is no land no man's land. Before Papuans know the government, the land is already owned by every tribe and clan. (*)
He said this should be done because it is feared that the issuance of ulayat land certificate will cause confusion among indigenous peoples.
As reported by Jubi, According to him in Papua, ulayat land is held by tribe, clan or clan, and nuclear family.
If it refers to the regulation, in the Ministerial Regulation (Permen) of Agrarian and Spatial number 9 of 2015 is translated clause on communal rights. But strangely, in the regulation of the Minister of Land and Spatial no. 5 of 1999, set the guidelines for the settlement of customary rights of indigenous peoples. Of these two rules, there is a different mention.
"Are communal rights and customary rights the same or not, both physically, the subject, and its characteristics, because in Papua it is not a royal community, but a tribal," said Dr. Frans Reumi to Jubi, Monday (19/3/2018).
Reumi said the ulayat right and communal rights should be seen from three groups. Rights are held by tribe, clan or clan and nuclear family. The concept of ulayat and communal rights should be explained to the people.
For that reason communal rights must be seated clearly. Are in tribe or clan. Do not let a clash between customary rights and communal rights in its application.
He said, do not let indigenous people in Papua busy asking for certificates, but do not understand whether the position of communal rights or customary rights.
In article 3 of the Basic Agrarian Law No. 5 of 1960, Reumi said, there is no mention of communal right, but ulayat right. But this collide with the Agrarian Pemen number 9 of 2015.
"There should be an explanation to the community on the concept of communal land rights and communal rights, so there will be no potential for conflict," he said.
It is said, ulayat right on land, sea and water. But whether communal rights are the same. In addition, customary rights are more public and private, communal rights are more private.
In response to this, the House Commission I member of the Papua House of Representatives, Orgenes Wanimbo also warned the government to be careful in this regard. The government's good intention should not be a problem for the future.
"I am afraid there will be an impact on indigenous customary communities if the government is not careful in this program," Wanimbo said.
In Papua, according to him, there is no land no man's land. Before Papuans know the government, the land is already owned by every tribe and clan. (*)
Indigenous peoples need to be given an understanding of communal land rights and communal rights
![Indigenous peoples need to be given an understanding of communal land rights and communal rights]()
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March 19, 2018
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