THE IMPLEMENTATION OF THE PRINCIPLE OF INTEGRITY IN THE LEGISLATION RELATING WITH THE PROTECTION OF ULAYAT RIGHT ON ADAT LAW COMMUNITIES

This study aims to identify and analyze the implementation of the principle of integrity in the legislation relating with the protection of ulayat rights on adat Law communities. This study used normative juridical approach. The results showed that the agrarian law as a basic reference settings related to the Natural Resources in relation to the Ulayat Rights with other regulations, particularly in Law Number 41 Year 1999, Law Number 6 Year 2014, Presidential Decree Number 71 Year 2012, and Regulation of the Ministry of Home Affairs Number 52 Year 2014 and Regulation of the Minister ATR/KBPN Number 10 Year 2016 shows the lack of synchronization substance and structure as the elaboration of the principles of integrity as mandated by the TAP MPR Number XI/MPR/2001


Introduction
Sociologically, adat law communities are a form of social life that is laid out by adat law, 1 in which there are elements in the form of: first, a group of residents who have a common ancestor; second, stay somewhere; third, have a common purpose in life to maintain and pre-serve norms value; fourth, there are adat Laws are adhered to and binding; fifth, led by Adat Chief; sixth, availability of administration 1 Sabardi, "Konstruksi Masyarakat Hukum Adat dalam Pa-sal 18B UUD RI", Jurnal Hukum dan Pembangunan, Tahun ke-43 No. 2, April-June 2013, Jakarta: Faculty of Law Universitas Indonesia, page 179.
where power can be coordinated; seventh, there is a dispute resolution institutions. 2or adat law communities, Land and Natural Resources contained in it has a very important position, because it is the only thing permanent wealth, as well as a place to stay and other functions. 3Philosophically, control and ownership of land and Natural Resources loaded with the value of the background for the birth of legal norms that regulate the ownership of land tenure. 4The legal relationship between the adat Law communities and specific land/ region (object right) is called the Ulayat Rights, which contains the authority in the form of: first, Organize and administer the use of the land (for housing, farming and others), supplies (making settlements/new paddy field and etc), and ground maintenance; second, organize and determine legal relationship between people and the ground (giving certain rights on a particular subject); and third, organize and establish legal relations between people and legal acts pertaining to land (sale, inheritance, etc).5 Ulayat Rights is an identity for adat law communities, and protected its existence by 1945 Constitution. 6ith regard to the rights of adat law communities, as has been described above that adat law has served as the basis of national agrarian law formation.The implementation of the rights of adat Law communities against land and natural resources are recognized, although it should be limited to a number of requirements.In practice, the government's recognition against the rights of adat Law communities are very rare or almost never happened.The rights deprivation of indigenous that mostly done ostensibly to serve the development purposes run by the investors both inside and outside the country. 7egal protection is closely associated with the policies issued by the authorities, the power branches are run by people who assumed office (officials), so that the elements of nature (it can make a mistake, either intentionally or unintentionally) that is inherent in man by itself will cling on to power mentioned, in case of declares there are the potential emergence of actions contrary to the law, and violate the rights of citizens.Violation of adat Law communities's right itself usually occurs in material basis destruction to the way of original community that live, especially going through the eviction of the community, and then claiming the ownership of their land, modern country with strong economic partners can quickly take the lands of the indigenous communities. 8fter the reform of 1998, carried out Agrarian Reform guided by the People's Consultative Assembly Decree Number IX/MPR/2001 concerning Agrarian Reform and Natural Resources Management (MPR Decree Number IX/ MPR/ 2001), considering that during the New Order era land policies tend toward capitalism that led to the liberalization and privatization.9One of the principles against Agrarian Reform context on TAP MPR is the principle of integration to reconstruction efforts Indonesia's land law system, which means that need synchronization attempts substance, structure and culture as an element in legal system. 10The principle of integrity in charge of MPR Decree Number IX/MPR/ 2001 consists of; first, the same thoughts associated with other interrelated fields as consideration; second, the same substance or spirit to other areas are interlinked; third, the similarity of interests into orientation. 11his paper will disscuss about: how is the implementation of principle of integrity in legislation relating with the protecttion of Ulayat Rights on adat Law communities?

Discussion
In many laws and regulations that applied in Indonesia, adat Law which have sanctioned, now began to get a proper place as a legal product.In many cases, such adat Law could contribute until some extent to ensure legal certainty and justice for people.The current law is even used as basis for a decision by the judges, so it can be seen that adat Law is efficient, effective and applicable when faced with today's modern society.Even in accordance with the authority of judges to hear and decide a case, obliged to prosecute values, norms and laws that live in community development 12 The debate about existence of adat Law communities is deserving of legal protection in context of a country that was built in the early days of independence has gained a very large portion in the trial Committee Preparatory Work for Indonesian Independence (BPUPKI), 13 which later crystallized in the explanation II Article 18 1945 Constitution (before amendment).As a form of implementation these norms, recognition, respect, and protection of indigenoue poeples rights manifest in Ulayat Rights recognition as stipulated in Article 3 of Law Noumber 5 Year 1960 concerning Provisions of Agrarian Law, which confirms that the State respects and recognizes the existence of Ulayat Rights on adat Law communities.The recognition of Ulayat Rights in the form of declaratory, that designation is affirmation, given adat right is an innate right of adat Law communities, 14  The third paragraph in General Explanation of Chapter II Agrarian Law about the goals of Agrarian Law, is as follows: Due to everything that law of joints and provisions essentially need to be arranged in the form of Act, which will form basis for other regulation formulation.Even though that law is formally no different from other laws, ie a regulation made by the Government with House of Representatives approval, but given its nature as ground rules for agrarian law is new, then loaded inside just principles and problems staple in outline only and is called Basic Law Agraria.The implementation will be regulated in various laws, administrative regulations and other laws.
The explanations above show that charge content of Agrarian Law: first, binding provisions of the law, which is a hierarchical system of law equal, as well as the inferior related to Natural Resources; and second, the charge contained in Agrarian Law is still abstract, so that required legislation other more elaborate principles contained in the Agrarian Law.The principal purpose of Agrarian Law was as follows: first, Laid the groundwork for the National agrarian law formulation, which would constitute a means to bring prosperity, happiness, and justice for the state and people, especially farmer, in the framework of a just and prosperous society; second, Laid the foundations to hold unity and simplicity in land law; and third, Laid the basics to provide legal certainty regarding the rights to the land for people entirely.
Recognition of Ulayat Rights in Article 3 of the Agrarian Law is a recognition of conditional, ie, according to its existence there is a continual basis, when it does not exist, can not be recalled, as well as by implementation that is in accordance with national interests and state based on national unity and not conflict with laws and other higher regulations.The provisions of Article 3 of Agrarian Law is not followed by the definition and criteria for deciding existence of Ulayat Rights, so it can not be im-plemented at level of empirical.
After the passing of the 1998 reforms, the reconstruction effort adat Law communities recognizing rights vigorously voiced by academics and activists, it later led to the birth lot of regulations relating to the rights of adat Law communities, which some of the rules which were The lifting PMNA/KBPN Number 5 Year 1999 also causes loss of foundation in determining the existence of Ulayat Rights, considering only PMNA/KBPN which specifically includes criteria recognizing adat land rights as set out in Article 2 PMNA, after the period of 39 (thirtynine) powerful New-Order the recognition of Ulayat Rights is not followed by a determinant criterion of existence, so it can not be run on the empirical level.Although during applicable PMNA/KBPN Number 5 Year 1999 also does not necessarily resolve agrarian conflict in relation to Ulayat Rights, one reason is that PMNA only applies within the jurisdiction of BPN, not in the forest area is jurisdiction of Ministry of Forestry, whereas in reality that adat Law communities is living in forest areas.As for the sectoral laws that have been mentioned above as set out in Article 67 paragraph ( 1 We should also note the state agency authorized to make inaugural Ulayat Rights of adat Law communities, given the existence of two institutions that have same authority will bear a different legal product that could potentially hamper efforts to provide legal certainty and the implications for the safeguards for Ulayat Rights of adat Law communities.
Conflict of Dayak Simpakg, associated overlapping allotment of land for the company's permit on indigenous lands, the conflict of adat Law communities of Benuaq in East Kalimantan with HPTI in Production Forest, the conflict of adat Law communities of Peminggir, Lampung on Protected Forest Management, as well as the Conflict of adat Law communities of Bunaken, North Sulawesi on management of Bunaken Marine Park and many others indicate that adat Law communities problems can not be resolved completely and thoroughly.

Conclusion
Based on the above explanation it can be concluded that between Agrarian Law as a basic reference settings related to Natural

Suggestion
It is necessary to make change against the settings on recognition, respect and protection of adat Law communities Ulayat Rights in accordance with the concept of Ulayat Rights, the changes are carried out selectively, if indeed there are provisions those are still relevant its logically to use in recognition, respect, and protection of Ulayat Rights of adat Law communities, one of the PMNA provisions Number 5 Year 1999.It should also be noted harmonization and synchronization between rules that contain the same substance.
as well as asserted in the Constitutional Court decision Number 3/PUU-VIII/2010 concerning judicial review of Law Number 27 Year 2007 concerning Coastal Areas and Small Islands, the Constitutional Court ruling Number 35/PUU-X/2012 concerning judicial review of Law Number 41 Year 1999.
Resources preparation in relation toUlayat Rights with other regulations, particularly in PMNA Number 10 Year 2016, Presidential Decree Number 71 Year 2012, and Regulation Number 52 Year 2015 showed no synchronization of content and struc-18 Maria SW Sumardjono, 2015, op.cit.page 57 ture as mandated in MPR Decree Number XI/ MPR/2001.
Ulayat Rights concerning the dimensions of public law and civil law, while communal rights dimension relates only to civil law. 15Communal rights itself included in the category of land rights, it does show that Ulayat Rights is considered as a right granted by the state equal to land rights contained in Article 16 Agrarian Law.On the othern hand in Article 22 paragraph (2) of Presidential Decree Number 71 Year 2012 stated that the existence of Ulayat Rights recognized after their determination through local regulations.Determination of the existence of Ulayat Rights (or in Permen ATR/K BPN Number 10 Year 2016 referred to as communal rights) and Presidential Decree No. 71 Year 2012 is constitutive, suggesting that the State is all rights giver, whereas Ulayat Rights is an innate right of adat Law communities.
) of Law Number 41 Year 1999, Article 97 of Law Number 6 Year 2014, and Article 5 paragraph (2) Permendagri Number 52 Year 2014 as well as Permen ATR/ KBPN Number 10 Year 2016 just set adat Law communities existence as a legal subject, does not set criteria for the ongoing Ulayat Rights.In the terms of structural, then Article 2 paragraph (4) Agrarian Law can be considered as legal basis for affairs division in land between central government and local governments. 16Relation to the Ulayat Rights, authority establishment to grant recognition, respect, and protection of Ulayat Rights in Article 22 paragraph (2) of Presidential Decree Number 71 Year 2012, enough with the Local Government provisions, as well as in Article 6 of Regulation Number 52 Year 2014 concerning existence recognition of adat Law communities.While in PMNA Number 10 Year 2016, the authority to grant recognition of Ulayat Rights done in stages, first established by the Regional Head, then submitted to the Regional Office of National Land Agency issued a certificate of communal rights.It certainly limit local governments movement to determine their own regulations on Ulayat Rights of adat Law communities, according to social conditions of people, especially adat Law communities.Yet in practice during this time, there have been some areas that also involves adat Law communities in lawmaking on Ulayat Rights recognition, such as adat Law communities of Kajang in Bulukumba, adat Law communities of Baduy in Lebak, adat Law communities of Malinau in North Borneo, 17 thus setting Ulayat Rights as The Living Law does not ignore standpoint of adat Law communities itself in defining their own Ulayat Ulayat Rights existence of adat Law communities does not depend only on determination, but the fact that Ulayat Rights is still ongoing. 18Thus, it was fitting indeed what has been specified in Article 5 (2) PMNA/K BPN Number 5 Year 1999, that is quite Ulayat Rights stated in the Land Registry map.