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The expansion and existence of the indigenous rights of sea in indigenous villages (review of the customary right of coastal and marine areas of Halong state)

2020; Emerald Publishing Limited; Volume: 10; Issue: 3 Linguagem: Inglês

10.1108/jchmsd-05-2018-0034

2044-1274

Merry Tjoanda,

Legal and Social Justice Studies

Purpose To know the control of Halong State against coastal and marine areas in the area that has been divided into Latta village and Lateri urban villages. Design/methodology/approach This type of writing of research is in the field of law, so the research method used is juridical normative, by using the approach of legislation and conceptual approach, intending to answer the temporary problem issues encountered. Findings Article 18B paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia is the constitutional basis of the state's recognition of the unity of indigenous and tribal peoples based on their traditional rights. One of the rights of customary law community is the control over its territory, which is called indigenous rights for both land and coastal and sea. In its development, there are some areas of indigenous village released for villages' formation or villages in coastal and marine areas. However, the expansion of indigenous villages did not affect the loss of customary village tenure to the Indigenous rights of coastal and marine areas in the area of a village or urban village which was expanded from a custom village. Originality/value Related to this Halong State in Ambon City is one of the indigenous villages which occupies the area within the bay of Ambon Island which has the right of customary law community area in the land area, and has a sea fishing territory. In its development, part of Halong State has been divided into a village and urban village, namely Lata Village and Lateri Urban Village. Latta village and Lateri village are also located in the coastal area of Ambon Bay. The problem that arises from the division is whether the coastal areas and the sea in Latta and Lateri villages remain part of the Halong state territory or not.