Journal Equity of Law and Governance
Vol. 8 No. 1 (2026): Journal Equity of Law and Governance

Agrarian Reform: The Legal Protection of Ulayat Land for Indigenous Peoples

A. A. Istri Eka Krisna Yanti (Faculty of Law, Udayana University, Denpasar, Bali, Indonesia)
Anak Agung Istri Ari Atu Dewi (Faculty of Law, Udayana University, Denpasar, Bali, Indonesia)
I Gede Pasek Pramana (Faculty of Law, Udayana University, Denpasar, Bali, Indonesia)
Anak Agung Angga Primantari (Faculty of Law, Udayana University, Denpasar, Bali, Indonesia)



Article Info

Publish Date
22 Jun 2026

Abstract

This study examines the recognition and management authority of the ulayat land of indigenous peoples after agrarian reform. The 1945 Constitution of the Republic of Indonesia and the Basic Agrarian Law recognize the rights of indigenous peoples and their ulayat rights. However, due to dilemmas regarding the protection and management of ulayat land, it is necessary to assess the extent of legal certainty in the governance of ulayat land for indigenous people. This research employs a normative legal methodology, incorporating both statutory and conceptual approaches. The findings reveal that land in Indonesia is ultimately controlled by the State, as provided for in Article 33 of the 1945 Constitution. State control is not absolute ownership and may be delegated to indigenous people. Agrarian reform, as formalized through Presidential Regulation No. 62 of 2023 and Ministerial Regulation ATR/BPN No. 14 of 2024, officially recognizes indigenous peoples. This occurs by issuing Land Parcel Identification Numbers (Nomor Identifikasi Bidang Tanah) and registering ulayat land in the Ulayat Land Registry (DaftarTanah Ulayat). Based on this registration, indigenous people may manage their customary land. They can further affirm their rights by applying for Land Management Rights (Hak Pengelolaan) or Freehold Title (Hak Milik) in the name of the indigenous people to ensure legal certainty. This study concludes that agrarian law reform provides indigenous people with recognition and protection to manage ulayat land.

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Journal Info

Abbrev

elg

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly ...