HAK MASYARAKAT ADAT ATAS PRAKTIK PENAMBANGAN ILEGAL DI WILAYAH ULAYAT (STUDI KASUS: KAMPUNG ADAT GELAR ALAM)

Indigenous peoples are an integral part of Indonesia's social and cultural system, with customary rights to land as a hereditary inheritance. These rights are not only economically valuable, but also have spiritual and cultural dimensions that form the basis of indigenous peoples' livelihoods. However, modernization and global economic expansion have posed a serious threat to the existence of these rights, particularly through rampant illegal mining practices in various indigenous territories. One of the affected areas is the Gelar Alam Indigenous Village, where unlicensed mining activities have caused environmental degradation, social disorder, and weakened the position of indigenous peoples in defending their customary rights before the law. The main issues in this study cover two aspects, namely: (1) the form of legal protection for the customary rights of the Gelar Alam indigenous community according to the national legal system, and (2) the effectiveness of the implementation of laws and regulations in protecting the rights of indigenous peoples from the threat of illegal mining. This study uses an empirical juridical method with a normative and sociological approach, through literature study, analysis of laws and regulations, interviews with indigenous leaders and government officials, as well as direct observation of social and environmental conditions in the Gelar Alam region. The national legal system has provided a basis for the protection of indigenous peoples as stipulated in Law No. 5 of 1960 concerning Agrarian Principles (UUPA), Law No. 32 of 2009 concerning Environmental Protection and Management, and Law No. 6 of 2014 concerning Villages. However, implementation in the field still faces obstacles, such as weak law enforcement, overlapping regulations, and minimal administrative recognition of customary rights. This study recommends the need for a reformulation of legal policies that are more responsive to local wisdom, the strengthening of customary law institutions, and increased coordination between the government and indigenous peoples to ensure the effective and equitable protection of customary rights.
Keywords: Indigenous Peoples, Illegal Mining, Legal Protection, Kampung Gelar Alam