THE PRESEPTION OF LOCAL COMMUNITY AND THE IMPLEMENTATION OF THE ARRANGED ULAYAT TERRITOTY IN GOWA RESIDENCE


A. Suriyaman Mustari Pide
Fakultas Hukum Universitas Hasanudin
Jl. Perintis Kemerdekaan, Km 10 Tamalanrea, Makasar, Sulawesi Selatan.
Phone +62411 585034. E-mail: suriyaman27@yahoo.com

Abrar Saleng
Fakultas Hukum Universitas Hasanudin
Jl. Perintis Kemerdekaan, Km 10 Tamalanrea, Makasar, Sulawesi Selatan.
Phone +62411 585034. E-mail: abrarsaleng@yahoo.com

Oky Deviany Burhamzah
Fakultas Hukum Universitas Hasanudin
Jl. Perintis Kemerdekaan, Km 10 Tamalanrea, Makasar, Sulawesi Selatan.
Phone +62411 585034. E-mail: okydeviany@gmail.com

Harustiaty A. Muin
Fakultas Hukum Universitas Hasanudin
Jl. Perintis Kemerdekaan, Km 10 Tamalanrea, Makasar, Sulawesi Selatan.

Phone +62411 585034. E-mail: andi.muin@unhas.ac.id

ABSTRACT
This research has two main concern, the first is to know as whole the society adat law perception about the movement ulayat rights to indivual rights in social reality. The Second is to implement the protection the society of adat rights and the overlapted of the regulation the arranged of ulayat society. Those two concerns are hoped to be abble to give the description related to the society expectation and the implications which was happening and will happen in the adat community related to the arranged to the adat territory. The type of research is the descriptive-analytic which describbe  the reality of the social-legal phenomena involving indigenous people and their perceptions of a number of regulations governing Ulayat rights (communal rights). To capture information about facts and events, conducted research through direct observation, questionnaires and depth interviews with resource persons. Research conducted presenting factual information of the conditions of indigenous peoples, which in fact has happened deulayatisasi process, but some areas are still found eksisnya customary rights in the form of communal rights of the Indigenous Forests. The object of this research focuses on Pattallassang Adat Community in Gowa. It was found that Pattallassang Adat Community so far still manage the region as a collective. Fixed patterns of power in the form of Collective “Hak Garap” Rights-managed for generations by a customary rule "a'balitaung" in one rumpun. The generally they understand a shift customary rights to the rights of the individual as a logical consequence zaman. So far the Community are still retaining most of their communal land as Collective Rights Permanent inherited as a form of maintaining the existence of their traditional territories.

Salinan UNES Journal of Law
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