Optimising Collecive Resources Towards Public Welfare Through Strengthening The Communal (Ulayat) Rights
Alpi Sahari

Introduction
This work is aimed at exploring and finding an appropriate approach to integrate all diametrical interests in optimizing the collective resources, particularly land. This objective is highly important in the light of land as the collective life resources for society. Unfortunately, the government fails to regulate the boundaries of rights, between the rights to land of the state’s rights and to land of the customary (Adat) community or communal (ulayat) rights. Constitutionally, the existence of communal rights is recognized, respected and approved by the government, but its implementation is still not manifested proportionally. The government tends to provide rooms and protection for investors based on rational and efficiency reasons to utilize and exploit the land. Conversely, the customary community appreciates the land as its identity viewed from their religious magic view. This diametrical values and interests should be addressed by the government in order to optimize the utilization of the land for the greatest benefit for the greatest number of people. For that reason, this work will offer a utilitarian approach, as the grand paradigm, to integrate those diametrical interests and values, not only for private sectors but also customary (adat) communities, towards the creation of public welfare.

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