Legal Protection for Tanah Dati Right in National Agrarian Law

Abstract

Tanah Dati Right is one kind of indegenous land right in additional to other right for the existingn customary land, It is prevailed in Maluku Province, especially in Ambon Island and Lease Islands. Law No. 5 of 1960 about Fundamental Regulation of Agrarian Principles (UUPA) dated on 24 September 1960 and its regulations do not arrange stipulate the existence of Tanah Dati.    National Constitution of Indonesia, with its second amandment and Section 18B Verse (2), has mentioned  that the State acknowledges and respects that unity of indegeneos law communites and their traditional rights by condition that they live in compatible ways with development of other community and also with the principle of The Unitary State of Republic of Indonesia. Emperical finding shows that there are still deviations against law stipulations. Avoiding from the reduction of certain objects from Tanah Dati Right, or the extinction of Tanah Dati, then central and local governments become the determinant factor for legal protection effort.

Keywords: legal protection, Tanah Dati Right, National Agrarian Law