Legal Literacy - The issue of customary rights has been a concern for a long time. Special attention to customary rights arises because of their legal and social impact, especially for rural communities in Indonesia. Reported from the mediahukumonline.com, customary land is the common land of the customary law community concerned. The right to control land by indigenous peoples is known as customary rights. Customary rights are a series of authorities and obligations of a customary law community related to land located within its territory. Meanwhile, according to G. Kertasapoetra, customary rights are the highest rights to land owned by a legal association to guarantee the orderly use/utilization of land. The community has the right to control the land, where its implementation is regulated by tribal chiefs or village heads.

Recognition of Customary Rights in the Basic Agrarian Law

Law No. 5 of 1960 or the Basic Agrarian Law (UUPA) recognizes the existence of customary rights. This recognition is accompanied by two conditions, namely regarding its existence and its implementation. This article discusses how the recognition of customary rights in indigenous peoples, especially the farming community of Pakel, Banyuwangi, who have fought for their customary land to this day.

History of the Pakel Land Conflict

According to Walhi's records, the history of residents' claims to land in Pakel Village began during the Dutch colonial period. The Dutch colonial government, through the Regent of Banyuwangi Achmad Noto Hadi Soeryo as Regent/Assistant Resident in Banyuwangi on behalf of Sri Baginda Ratu Belanda, once gave the right to open forests located in Pakel Village on January 11, 1929.

Starting in 1925, out of 2956 people, there were seven community representatives who submitted an application for the opening of the Sengkan Kandang and Keseran forests, located in Pakel, Licin, Banyuwangi, to the Dutch colonial government. Four years later, on January 11, 1929, the application of the seven people was granted and given the right to open a forest area of 4000 shoulders (3000 hectares) by the Regent of Banyuwangi.

Despite holding a letter of application for land grant (deed 1929) from the Banyuwangi regent government Achmad Noto Hadi Soeryo, there was a lot of intimidation and violent treatment from the Dutch colonial. Despite experiencing these repressive actions, the Pakel community continued to fight for their land rights.

Continuing into the post-independence era, the Pakel community continued to survive by relying on the land that had been given by the Dutch government, namely the 1929 Deed, until the Indonesian government issued the 1960 UUPA. Agrarian reform efforts have not yet reached the Banyuwangi region, but farmers and the Pakel community are waiting while using the 1929 Deed land to farm in order to continue their lives. Then, in September 1965, the great tragedy of the PKI rebellion emerged, which affected the Pakel community. The assumption that people who fight and fight for their rights are PKI made the Pakel community who fought for their land silenced and did not dare to speak out to fight for their rights.