Customary Rights as Commonwealth Rights of Customary Law Communities

Abstract

The issue of customary land and customary rights arises everywhere because of the juridical aspect of proving the existence of customary land as a right from the alliance of customary law communities. Where when development will be carried out, the issue is land and more specifically customary land. This research aims to prove the existence of customary rights in a formal juridical manner or based on the traditions or habits of indigenous peoples which are one of the sources of formal law.

The method used in this study is normative juridical with a legislative, conceptual and case approach. This research seeks to prove that customary land and the rights attached to it are the rights of the community of customary law communities, both de facto and de yure.

Research shows that customary law societies have existed long before the state existed. In accordance with the principles of customary law, that proof of customary rights is in the form of transactions both formally and based on customary customs that apply in customary law societies. Formally, from the government, it is a form of juridical recognition, while the customs or traditions of the local community are special things that are based on the principle of customary law principles which are not written in nature.

Keywords: Customary Rights, Federal Rights, Customary Law Society

DOI: 10.7176/JLPG/154-03

Publication date: July 28^th 2026