Harmonization Of Customary Law National Defense Law Related To Land Ownership In The Framework Of National Strategic Projects

Abstract

The discussion on the harmonization of customary law with national defense law related to land ownership is becoming an increasingly important issue, especially in the context of implementing national strategic projects. Terminologically, the recognition of customary land rights by indigenous peoples has become a major focus in the context of legal regulation in Indonesia. This recognition, both politically and legally, reflects respect for the traditional rights of indigenous peoples by governments and the international community. This research aims to explore harmonization efforts between customary law and national defense law in the context of land ownership for national strategic projects. This research utilizes a normative juridical approach. Legal recognition of indigenous peoples in Indonesia has evolved through four stages since independence, including recognition in the constitution, laws, and government policies and Harmonization between customary law and national defense law is important to create a sustainable legal system and guarantee indigenous peoples' rights to their land and natural resources. The harmonization formulation of customary law and defense law in Indonesia needs to be strengthened to support the implementation of national strategic projects by taking into account national interests and the traditional rights of indigenous peoples.