PROVIDING HOUSING TO THE INDIGENOUS PEOPLE OF ORANG LAUT: Fulfilling Rights or Changing Culture?

Authors

  • Winsherly Tan Faculty of Law, Universitas Internasional Batam
  • Manashi Kalita Faculty of Law, NEF Law College Gauhati University
  • Triana Dewi Seroja Faculty of Law, Universitas Internasional Batam, Indonesia
  • Nurlaily Nurlaily Faculty of Law, Universitas Internasional Batam, Indonesia
  • Ninne Zahara Silviani Faculty of Law, Universitas Internasional Batam, Indonesia

DOI:

https://doi.org/10.30631/alrisalah.v25i2.1958

Keywords:

Indigenous, Sea People, Culture, Human Rights

Abstract

The right to get a decent place to live is the right of every person, including the sea people. Therefore, the local government builds houses and moves the sea people from living on boats and nomads to houses. The problem is that living in a house has changed their culture, which usually lives a nomadic life at sea. The purpose of this study is first to analyze the accuracy of the local governments steps. Second, to analyze the right legal solution in providing decent housing for the sea people. The method in this study is empirical juridical. The type of data used is primary data, namely observations and interviews, and secondary data, namely laws and regulations. In addressing the formulation of the problem in this study, the legal and theoretical basis is the Progressive Legal Theory. The results of the study indicate that the steps taken by the local government in providing physical housing and legalizing the houses are good, but not right, because they have changed the culture of the sea people. A house is a manifestation of a groups culture, so moving the sea people into houses not only changes their culture but also their lifestyle and work patterns. Therefore, the legal solution is to establish a halfway house with an empowerment program for the sea people, which can be regulated under the Lingga, Indonesia regional regulation. Then it is also necessary to form a law that specifically regulates indigenous peoples to accommodate the traditional rights of indigenous peoples.

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References

Bibliography

Abdul Manan, Hukum Islam Dalam Berbagai Wacana, Pustaka Bangsa, Jakarta, 2003.

Hilman Hadikusuma, Pengantar Ilmu Hukum Adat Indonesia, CV Mandar Maju, Bandung, 2003.

Rapoport, Amos (1977), Human Aspect of Urban Form, Pergamon Press Inc, New York.

Syahriza Alkohir Anggoro and Tunggul Anshari Setia Negara, "The Struggle for Recognition: Adat Law Trajectories under Indonesian Politics of Legal Unification," International Journal on Minority and Group Rights 29, no. 1 (2021).

Interviews

Interview Results with the Lingga Regency National Land Agency

Interview Results with Religious Leaders of the Orang Laut Tribe in Lingga Regency

Interview Results with the Orang Laut Tribe Community in Lingga Regency

Observation

Observation Results on the Orang Laut Tribe Community in Lipan Village, Kelumu Village, Tombok Village, Lingga Regency.

Website

Government of Riau Islands Province, kepriprov.go.id

Laws

United Nations (UN) General Assembly Resolution No. 41/128 concerning the Declaration on The Right to Development

The 1945 Constitution

Law Number 39 of 1999 concerning Human Rights

Law Number 4 of 1992 concerning Housing and Settlements

Regulation of the Minister of ATR/KBPN Number 17 of 2016 concerning the Arrangement of Coastal Areas and Small Islands

Lingga Regency Regional Regulation Number 4 of 2022 concerning the Empowerment of the Sea Tribe Community

The Regulation of the Minister of ATR/KBPN Number 6 of 2018 concerning Complete Systematic Land Registration

Minister of ATR/BPN Regulation No. 17 of 2016 provides a legal basis for granting land rights in coastal areas and small islands

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Published

2025-12-31

How to Cite

Tan, W., Kalita, M. ., Seroja, T. D., Nurlaily, N., & Silviani, N. Z. . (2025). PROVIDING HOUSING TO THE INDIGENOUS PEOPLE OF ORANG LAUT: Fulfilling Rights or Changing Culture?. Al-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan, 25(2), 202–217. https://doi.org/10.30631/alrisalah.v25i2.1958