The purpose of this study is to analyze: 1) What is the Position of Customary Law Peoples in the Capital Region of the Archipelago? What is the legal protection of the Rights of Customary Law Peoples in the Capital Region of the Archipelago? The research method used is normative juridical with a statutory approach, concept approach, and case studies.

The results showed that: 1) The existence of indigenous peoples in the IKN area was highlighted because of their lack of participation in the transfer of IKN. President Jokowi did invite several indigenous leaders but their existence was met with resistance because they were considered not representative of indigenous peoples as a whole. 2) Protection that can be done by the government related to land issues of customary law communities is to provide a legal basis or formulate regulations for customary law communities as a strengthening intention from a legal perspective. However, until now the Indigenous Peoples Bill has not been passed by the government. Even though this bill can be the legal basis for drafting social engineering in the IKN Project. In addition, to support the achievement of the program, it is necessary to simplify the land registration mechanism. This aims to prevent miscommunication with indigenous peoples which can later lead to disputes. Village officials, up to the sub-district level, must open the door to the widest possible deliberation for communities potentially affected by development.

Keywords: Protection, Law, Rights, People, Custom, Capital of the Archipelago, East Kalimantan