International Journal of Scientific and Research Publications, Volume 10, Issue 1, January 2020 640 ISSN 2250-3153 http://dx.doi.org/10.29322/IJSRP.10.01.2020.p9797 www.ijsrp.org Existence Of Indigenous Legal Communities On Land In Procurement Of Land For Public Interest Marulak Togatorop 1 , Nirahua Salmon E.M 2 1 Graduate Student PhD, Study Program : Legal Science. Pattimura University, Ambon Indonesia 2 Lecture at Faculty Of Law. Pattimura University, Ambon Indonesia Email : marulaktogatorop2019@gmail.com DOI: 10.29322/IJSRP.10.01.2020.p9797 http://dx.doi.org/10.29322/IJSRP.10.01.2020.p9797 Abstract: Land acquisition under the pretext of public interest, sometimes injures the community, including the Customary Law Community (MHA), because the use of land taken by the government is not as originally planned, and even tends to give birth to misery of the community which was once the rights holder. Many cases have arisen between the Government, Regional Government and the private sector with the Customary Law Community (MHA), related to the implementation of development and investment on land which is the property of the MHA. Research Objectives: 1) Analyzing and discovering the philosophical basis of the protection of property rights of customary law communities. 2) Analyzing and finding the existence of customary community ownership rights in land acquisition for public interest. This type of research is normative juridical research. Basically, indigenous peoples have a philosophical foundation that is closely interrelated with their customary land or customary rights. Customary law communities have full customary authority for the control and use or management of their customary land, but in formal legal jurisdiction their authority is not as strong as that of the State such as the State set out in the Basic Rules of Agrarian Principles (UUPA). The existence of customary law communities in defending their customary rights over land is emphasized in their respective regional regulations in accordance with the characteristics and characteristics of indigenous and tribal peoples in certain areas. Keywords: Philosophical, rights, community, customary law, land 1. INTRODUCTION In order to realize a just and prosperous society, the government made a general plan regarding the supply, allocation and use of agrarian resources for development needs in order to achieve the greatest prosperity of the people. With this general plan, land use can be carried out in a guided and orderly manner so as to bring maximum benefits to the country and the people. Land is one type of object that still has a very important position in the governance of community life. Moreover, the compilation of the modernization era, all trajectories have begun to be driven, the role of the land is more advanced. At the time of increasing land values increased by urban communities whose growth rates are increasing, so that the demand for land is increasing and scarce. (Muhammad Yusrizal, 2017). Land and development are an inseparable unity. Besides land also has a social function, in the sense that land owned by someone does not only function for the owner of that right, but also for the Indonesian people as a whole. As a consequence the use of the land is not only based on the interests of the right-holders, but also must remember and pay attention to the interests of the community. Therefore it can be said that land has a dual function, namely as social assets and capital assets. As social assets land is a means of binding social unity among the people of Indonesia for life and living, while as capital assets land is a capital factor in development. (Hermayulis, 2000). As social assets and capital assets, the two are a unity, on which there are humans as their inhabitants and the content of natural resources in them (Elita Rahmi, 2010). Based on the authority possessed by the government in regulating the land sector, in accordance with the mandate of Article 33 paragraph 3 of the 1945 Constitution which states that: "The earth, water and natural resources contained therein are controlled by the state to be used for the greatest prosperity of the people". Then the government followed up by issuing Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA). The provisions in UUPA itself provide a strong legal basis for the government to take land owned by the community, including taking land for public purposes as regulated in Article 18, namely: "In the public interest, including the interests of the nation and state, as well as the common interests of the people, land rights can be revoked, by providing appropriate compensation in the manner stipulated by law". Development by the government, especially physical development absolutely requires land. This required land can be in the form of land that is directly controlled by the state or land that is already owned with rights by a legal subject. Related to the land needed for development in the form of state land, land acquisition is not difficult, that is, the government can directly apply for land rights for further use for development, but because of the limited land owned by the government, land is needed from the community including the customary law community to expedite the course of development in the public interest. The need for land to be used by the government for development purposes must not be detrimental to the rights of landowners, including the rights of indigenous