Journal of Legal, Ethical and Regulatory Issues Volume 24, Special Issue 6, 2021 Legal Ethics and Responsibilities 1 1544-0044-24-S6-55 IMPLEMENTATION OF RESPONSIVE LAW AGAINST RECOGNITION OF INDIGENOUS PEOPLES' LAND RIGHTS IN INDONESIA Farida Patittingi, Universitas Hasanuddin Andi Batari Anindhita, Universitas Hasanuddin Ermaida, Universitas Hasanuddin Kahar Lahae, Universitas Hasanuddin ABSTRACT Indigenous peoples have customary rights to land as a determinant of their survival and livelihood, the existence of customary rights is respected and recognized not only in the national dimension but also has become a global commitment. In Indonesia the recognition begins with the inclusion in Article 3 of the Basic Agrarian Law, with limitations on their existence and implementation. However, the absence of further rules on recognition and limitations and supported by an authoritarian government system during the new order became one of the factors that gave birth to a law that was still repressive towards the recognition of the customary rights of indigenous peoples. Along with the passing of the reform era, the government system leads to a more democratic system. This is a moment for indigenous peoples to claim their customary land rights so that a responsive law develops in giving recognition to the community's customary land in various regions in Indonesia, including the formal legal determination of customary community land rights and a review of various regulations that are contradictory to the recognition and protection of the customary rights of indigenous and tribal peoples, based on the aspirations that develop by involving the active participation of the community. Keywords: Customary Law, Customary Rights, Agrarian Law INTRODUCTION Customary law is a reflection or incarnation of the soul of the Indonesian people from century to century. The customs that are owned by each region are different, although the basis and nature is one, namely its Indonesia. This custom always develops and always follows the development of society and is closely related to community traditions. Land in the lives of indigenous and tribal peoples has a very important position, because land is one of the natural resources that is permanent even though it has changed in circumstances and as a place of residence for a community, living in a community, livelihood, and final resting place for people who have died, and is believed as a residence for ladies in waiting and ancestors. Every human being must maintain, manage and utilize land properly which is a basic need as mandated by Article 33 Paragraph (3) of the 1945 Constitution which is abbreviated with the 1945 Constitution that: "The earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. " The state in this case does not have absolute power over the existing land, but only limited to being given power in regulating and controlling the implementation of agrarian resources (land) in order to realize the prosperity of the people. Customary law (adatrecht) was first introduced by Snouck Hurgronje, a Dutch eastern literary expert in 1983 in his book De Atjehnese. At first the term adatrecht was unknown to many people, until van Vollenhoven popularized this term in his book entitled Het Adatrecht van Nederland-Indie. Cornelius van Vollenhoven first introduced the concept of indigenous and