PROTECTION OF THE SPATIAL RIGHTS OF THE GURABUNGA CUSTOMARY LAW COMMUNITY THROUGH THE DETERMINATION OF CUSTOMARY VILLAGES

Siti Barora Sinay (Universitas Khairun)
Sri Indriyani Umra (Universitas Khairun)

Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue

This study analyzes in depth the urgency of establishing customary villages as an instrument for the protection of the spatial planning rights of Gurabunga customary law communities. This study will identify the legal and sociological implications of designation, as well as analyze the potential challenges and mitigation strategies needed to ensure the sustainability of the traditional rights of the Gurabunga people. Through a multidisciplinary approach, this research aims to present a comprehensive framework that can be adopted in efforts to protect and recognize the rights of indigenous peoples in Indonesia. This study will also highlight how overlapping regulations and conflicts of interest, especially related to land grabbing practices, often hinder the protection of indigenous peoples' rights despite existing regulations governing their existence in Indonesian law. The weakness of the implementation of recognition and respect for indigenous peoples is a fundamental problem that underlies discriminatory practices in government policies. Therefore, this study emphasizes the importance of establishing customary villages as a concrete step to strengthen the legal and cultural position of the Gurabunga community, in line with the constitutional mandate to respect their traditional identity and rights.