Penerapan E-Perda Pada Biro Hukum Sekretariat Daerah Provinsi Papua Selatan

Abstract

Such recognition and protection are essential to provide legal certainty to the community so that their land rights are not violated by anyone. This state's right to control/control must be strictly limited for the future and it is time to consider alternatives to the state's right to control so that this right can be limited in its conception and implementation. In addition, land management is needed as one of the government's efforts to realize the arrangement of land utilization and use so that the social function of land rights is realized. In the social function of land rights, it does not mean that the interests of individuals or indigenous communities are completely pressured by the public interest. This study uses the Sociolegal method. The results of the study show that customary rights are recognized by the UUPA, but this recognition is accompanied by two conditions, namely regarding "its existence" and regarding its implementation, customary rights are recognized "as long as in reality they still exist", as stated in article 3. In areas where customary rights have never existed, no new customary rights are born. The implementation of customary rights is regulated in Article 3, "The implementation of customary rights must be in accordance with national and state interests, based on national regulations, and must not conflict with other laws and regulations."