THE EXISTENCE OF CUSTOMARY LAND LAW IN THE CUSTOMARY LAW COMMUNITY (MHA) KADIE LIYA IN WAKATOBI DISTRICT

The existence of customary land in the KadieLiya customary law community is still recognized legally formal existence as stipulated in Article 18 B paragraph (2) of the 1945 Constitution, 1945 Constitution Article 28I paragraph 3, Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), Law No. 41 of 1999 concerning Forestry, Law No. 39 of 2014 concerning Plantations, Law No. 26 of 2007 concerning Spatial Planning, Law No. 32 of 2009 concerning Environmental Protection and Management, Law No. 23 of 2014 concerning Regional Government, and Law No. 6 of 2014 concerning Villages and this is also strengthened by the issuance of Wakatobi Regent Regulation 40 of 2017 concerning Protection and Management of Coastal and Marine Resources Based on KadieLiya Customary Law Community. 23 of 2014 concerning Local Government, and Law No. 6 of 2014 concerning Villages and this is also strengthened by the issuance of the Wakatobi Regent Regulation 40 of 2017 concerning Protection and Management of Coastal and Marine Resources Based on the KadieLiya Customary Law Community, South Wangi-Wangi District, Wakatobi Regency, but empirically fading and weakening the existence of indigenous peoples institutions in managing KadieLiya customary land. The KadieLiya Customary Law Community feels limited in scope, especially in the management of their Customary Land, in addition to the difficulty of issuing a Certificate of Ownership of the land because the government claims that the land of the KadieLiya Customary Law Community is state-owned land.