Legal Protection Of Customary Land Rights (Ulayat Rights) Of Indigenous Communities In Land Acquisition For National Strategic Projects A Case Study Of The Development Of The Nusantara Capital City In East Kalimantan

Abstract

Indonesia, as a culturally diverse country, recognizes customary law as an essential part of its social order, particularly ulayat rights as communal land rights of indigenous peoples. The development of the Nusantara Capital City in East Kalimantan, covering 256,142 hectares, raises legal issues regarding the protection of ulayat rights affecting at least 21 of all indigenous communities. This study employs normative legal research with statutory, conceptual and case approaches. The findings reveal regulatory inconsistencies and systemic failures in land acquisition. Ideal legal protection requires a holistic approach through the application of Free, Prior and Informed Consent principles and regulatory harmonization based on social justice.