Sociological Jurisprudence Journal
Vol. 9 No. 1 (2026)

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

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



Article Info

Publish Date
30 Sep 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

sjj

Publisher

Subject

Social Sciences

Description

Sociological Jurisprudence Journal is a peer-reviewed law International journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a ...