THE FULFILLMENT OF THE RIGHTS OF CUSTOMARY LAW COMMUNITIES IN COASTAL SPATIAL UTILIZATION: A STUDY OF THE BAYAN INDIGENOUS COMMUNITY IN NORTH LOMBOK, INDONESIA
This research is motivated by the condition that the practice of utilizing coastal space without the involvement of Indigenous Legal Communities (MHA) can be understood as a form of neglect of the collective rights of indigenous communities to territory, natural resources, cultural identity, and participation in development. This research aims to answer the question of how state legal norms regulate the fulfillment of MHA rights and how these norms work in practice when dealing with customary law, licensing, investment, and coastal spatial planning. This research is an empirical normative legal research using the Legislative, Conceptual, Historical and Sociological Approach methods. The primary data in this study were obtained from the research location, while the legal materials consist of secondary data in the form of primary, secondary and tertiary laws collected using interview techniques and direct observation or observation to the research location. The results of the study indicate that the regulation of MHA rights in coastal areas is still partial, sectoral, and highly dependent on administrative recognition mechanisms. In practice, the Bayan MHA has had a social structure, territory, institutions, and customary-based coastal management practices, but its existence has not been fully integrated into the Regional Spatial Plan (RTRW) or the Coastal Area and Small Islands Zoning Plan (RZWP3K).The recommendation that can be given is that the fulfillment of the rights of coastal MHA must be directed at strengthening meaningful participation, mapping customary areas, non-bureaucratic legal recognition, and the integration of customary law in coastal spatial governance in an equal manner.
Customary Law Communities; Coastal Spatial Utilization; Legal Pluralism; Bayan MHA; Coastal Area Governance.