POTENSI PENYALAHGUNAAN TANAH ULAYAT SUKU BADUY AKIBAT KETIDAKPASTIAN ADMINISTRASI HUKUM

Ulayat land has a fundamental role in the life of the community, including the customary law of the Baduy. Besides serving as a central place of occupation, the primary significance of this land lies in its role as a source of subsistence, including agriculture, plantations, spiritual beliefs, burial sites, and resources that benefit both the environment and humans. Therefore, this study aims to analyze the legal protection of Baduy customary land, focusing on the implementation of Regional Regulation No. 32 of 2001 and its relation with the 2024 ATR/BPN Law. This study used a qualitative approach and normative legal analysis grounded in the theory of legal certainty to examine how customary land rights are recognized and protected under existing laws. The findings indicate that Article 11 of Regional Regulation No. 32 of 2001 potentially overlaps with provisions in the 2024 ATR/BPN Law, which may undermine the legal protection of Baduy customary land. Consequently, stronger and more inclusive legal safeguards are necessary to ensure that the certification of customary land is considerable for indigenous rights and effectively prevents conflicts and illegal logging. The implications of this research emphasize the importance of comprehensive legal recognition of ulayat rights, the active role government in protecting indigenous communities, and development of sustainable monitoring mechanisms to preserve the Baduy customary land and local wisdom.