EKSISTENSI HAK ULAYAT ATAS TANAH SUKU DAYAK TUNJUNG BENUAQ DI KABUPATEN KUTAI BARAT PROVINSI KALIMANTAN TIMUR DENGAN BERLAKUNYA UNDANG-UNDANG NOMOR 5 TAHUN 1960JUNCTOPMNA/KBPN NOMOR 5 TAHUN 1999

DELUSIUS, LIA AGNESIA (2015) EKSISTENSI HAK ULAYAT ATAS TANAH SUKU DAYAK TUNJUNG BENUAQ DI KABUPATEN KUTAI BARAT PROVINSI KALIMANTAN TIMUR DENGAN BERLAKUNYA UNDANG-UNDANG NOMOR 5 TAHUN 1960JUNCTOPMNA/KBPN NOMOR 5 TAHUN 1999. Jurnal Ilmu Hukum. p1-15.

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Abstract

There was dualistic between Law Number 5 in 1960 and Land Reform perpection, before after colonialism. The Dutch Government refused ‘ Hak Ulayat’as norm law officially, even if ‘Hak Ulayat’is still submit in cuntomary citizen in West Kutai , East Borneo According to article Number 3 Law Number 5 in 1960 (Basic Agrarian Law) customary people and ‘Hak Ulayat’regulation was in their authority. According to history, ‘Hak Ulayat’is bearing a resemblance tp nationality and 1999, government interest. Based on the background of the problem as stated before, this legal writing is try to give explanation about ‘The existence Hak Ulayat For dayak Tunjung Benuaq in West Kutai, East Borneo’study case Number 5 in 1960 Juncto PMNA/KBPPN Number 5 in 1999. The type of this research was empirical legal research. The method of analysis used in this research was qualitative analysis. The result of this research shows that the excitance of Customary Law Indogeneous people from East Borneoin West Kutai has fulfilled three criterianof excitance of Customary Law based on article 2 paragraph (1) and (2) agrarian state ministerial/head of national lands institution regulation number 5 of, i.e. the excitance of Customry Law there is have a custom legal society, region, and also the relationship of custom legak society relationship to its region. It is saying that ‘Hak Ulayat’ already plead guilty to solve some problems. It can be coculded that ‘Hak Ulayat’Norm Law dayak Tunjung Benuaq still exist until present and also stated in article 2 PMNA/KBPN Number 5 in 1999 and the exitance of customary Law that is the part of community land right based on article 5 paragraph (1) and (2) agrarian state ministreal/head nation institution regulation number 5 of 1999. Thus is not been actualize or did not well aplicated

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