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May 19, 20260 citationsOpen Access

The Fulfillment of the Rights of Customary Law Communities in Coastal Spatial Utilization: A Study of the Bayan Indigenous Community in North Lombok, Indonesia

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KAKHAIRUL ASWADILHLalu HusniAARBA

Key Points

  • This research investigates how state legal norms influence the fulfillment of the rights of Indigenous Legal Communities (MHA) in coastal areas.
  • Empirical normative legal research using Legislative, Conceptual, Historical, and Sociological approaches.
  • Primary data collected through interviews and direct observations in field research locations.
  • Secondary data consists of primary, secondary, and tertiary legal materials.
  • MHA rights regulation is partial, sectoral, and reliant on administrative recognition mechanisms.
  • The Bayan MHA has a social structure and customary practices in coastal management but lacks integration into regional planning.
  • Recommendations include meaningful participation, mapping of customary areas, and non-bureaucratic legal recognition for better governance.

Abstract

Abstract 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.

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Cite This Study

ASWADI et al. (2026) studied this question.

synapsesocial.com/papers/6a0bfdc7166b51b53d37920ahttps://doi.org/10.5281/zenodo.20248787
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