Dualisme Perlindungan Hukum Masyarakat Adat Atas Alih Fungsi Tanah Ulayat Menjadi HGU: Tinjauan Keperdataan dan Potensi Kriminalisasi Pidana

Abstract

This study aimed to analyze the dualism of legal protection for indigenous communities over the conversion of communal land into Right to Cultivate (HGU) concessions, examining civil law implications and potential criminalization, and identifying research gaps. This research employed a systematic literature review (SLR) based on the PRISMA framework, analyzing articles from Scopus, ScienceDirect, Google Scholar, and Garuda databases published between 2023 and 2026. Results indicate a significant increasing trend in studies on this issue, from one article in 2023 to three in 2026, affirming the topic's relevance. Legal dualism between customary law and national formal law consistently leads to substantive injustice and agrarian conflicts. Existing legal frameworks, compounded by outdated interpretations, often fail to protect communal land rights and even instigate criminalization against indigenous community members defending their land. Weak legal implementation on the ground, lack of transparency in HGU licensing, and the dominance of corporate interests exacerbate indigenous communities' vulnerability. Serious implications include loss of productive access, weakening local economies, and social dislocation. Internal dynamics within indigenous communities, such as economic pragmatism and the erosion of cultural values, also diminish their bargaining power. This study extends the understanding of legal protection dualism by framing civil law implications and potential criminalization as interconnected mechanisms within the context of communal land conversion. In conclusion, this legal dualism creates a double threat for indigenous communities, eroding traditional rights and fueling conflicts, thus necessitating agrarian and criminal policy reforms that integrate customary values for substantive justice.