Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Implementation of Responsive Law Against Recognition of Indigenous Peoples Land Rights in Indonesia

Author(s): Farida Patittingi, Andi Batari Anindhita, Ermaida, Kahar Lahae

Indigenous peoples have customary rights to land as a determinant of their survival and livelihood, the existence of customary rights is respected and recognized not only in the national dimension but also has become a global commitment. In Indonesia the recognition begins with the inclusion in Article 3 of the Basic Agrarian Law, with limitations on their existence and implementation. However, the absence of further rules on recognition and limitations and supported by an authoritarian government system during the new order became one of the factors that gave birth to a law that was still repressive towards the recognition of the customary rights of indigenous peoples. Along with the passing of the reform era, the government system leads to a more democratic system. This is a moment for indigenous peoples to claim their customary land rights so that a responsive law develops in giving recognition to the community's customary land in various regions in Indonesia, including the formal legal determination of customary community land rights and a review of various regulations that are contradictory to the recognition and protection of the customary rights of indigenous and tribal peoples, based on the aspirations that develop by involving the active participation of the community.

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