LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA
Conditional recognition of customary law communities and their traditional rights in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia weakens the position of indigenous peoples in the fulfillment and protection of spatial planning rights as the operationalization of be...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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iVolga Press
2022-01-01
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| Series: | Russian Journal of Agricultural and Socio-Economic Sciences |
| Subjects: |
| _version_ | 1797715316550139904 |
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| author | Sinay S.B. Nurjaya I N. Koeswahyono I. Safa’at M.A. |
| author_facet | Sinay S.B. Nurjaya I N. Koeswahyono I. Safa’at M.A. |
| author_sort | Sinay S.B. |
| collection | DOAJ |
| description | Conditional recognition of customary law communities and their traditional rights in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia weakens the position of indigenous peoples in the fulfillment and protection of spatial planning rights as the operationalization of beschikkingrecht from the values of justice and welfare which are the goals of national development. This research is normative legal research that analyzes customary law community rights in living space as regulated in Law Number 26 of 2007 and Law Number 27 of 2007 based on the theory of legal pluralism. The results of the study show that (1) the relationship between the customary law community and the living space is magical and religious, which creates awareness of adaptation to maintain the balance of the cosmos through devotion/can in the form of rituals that are adhered to based on customary values (customary decisions) regarding the right to regulate, organize allotments and use and maintain the sustainability of living space, an ancestral heirloom. (2) The management of the living space and resources of the indigenous peoples of the archipelagic province in Indonesia reflects weak legal pluralism. Therefore it is necessary to recognize the customary law communities through harmonization and formulation of norms for the recognition of customary law communities, territories, rights of legal subjects, as well as the concept of one map in the revision of the Spatial Planning Law and the Employment Creation Law as well as encouraging the acceleration of the bill on customary law communities as lex specialis for the recognition and protection of indigenous peoples in Indonesia. |
| first_indexed | 2024-03-12T08:05:58Z |
| format | Article |
| id | doaj.art-87f3f257ea9444a6bff1054b93e10831 |
| institution | Directory Open Access Journal |
| issn | 2226-1184 |
| language | English |
| last_indexed | 2024-03-12T08:05:58Z |
| publishDate | 2022-01-01 |
| publisher | iVolga Press |
| record_format | Article |
| series | Russian Journal of Agricultural and Socio-Economic Sciences |
| spelling | doaj.art-87f3f257ea9444a6bff1054b93e108312023-09-02T19:34:08ZengiVolga PressRussian Journal of Agricultural and Socio-Economic Sciences2226-11842022-01-011211122210.18551/rjoas.2022-01.02LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIASinay S.B.0Nurjaya I N.1Koeswahyono I.2Safa’at M.A.3Faculty of Law, Khairun University & Doctoral Program of Faculty of Law, University of BrawijayaFaculty of Law, University of BrawijayaFaculty of Law, University of BrawijayaFaculty of Law, University of BrawijayaConditional recognition of customary law communities and their traditional rights in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia weakens the position of indigenous peoples in the fulfillment and protection of spatial planning rights as the operationalization of beschikkingrecht from the values of justice and welfare which are the goals of national development. This research is normative legal research that analyzes customary law community rights in living space as regulated in Law Number 26 of 2007 and Law Number 27 of 2007 based on the theory of legal pluralism. The results of the study show that (1) the relationship between the customary law community and the living space is magical and religious, which creates awareness of adaptation to maintain the balance of the cosmos through devotion/can in the form of rituals that are adhered to based on customary values (customary decisions) regarding the right to regulate, organize allotments and use and maintain the sustainability of living space, an ancestral heirloom. (2) The management of the living space and resources of the indigenous peoples of the archipelagic province in Indonesia reflects weak legal pluralism. Therefore it is necessary to recognize the customary law communities through harmonization and formulation of norms for the recognition of customary law communities, territories, rights of legal subjects, as well as the concept of one map in the revision of the Spatial Planning Law and the Employment Creation Law as well as encouraging the acceleration of the bill on customary law communities as lex specialis for the recognition and protection of indigenous peoples in Indonesia.customary law communitiesspatial planning rightsarchipelagic provinces |
| spellingShingle | Sinay S.B. Nurjaya I N. Koeswahyono I. Safa’at M.A. LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA Russian Journal of Agricultural and Socio-Economic Sciences customary law communities spatial planning rights archipelagic provinces |
| title | LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA |
| title_full | LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA |
| title_fullStr | LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA |
| title_full_unstemmed | LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA |
| title_short | LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA |
| title_sort | legal pluralism of spatial rights of indigenous people in arcipelagic province in indonesia |
| topic | customary law communities spatial planning rights archipelagic provinces |
| work_keys_str_mv | AT sinaysb legalpluralismofspatialrightsofindigenouspeopleinarcipelagicprovinceinindonesia AT nurjayain legalpluralismofspatialrightsofindigenouspeopleinarcipelagicprovinceinindonesia AT koeswahyonoi legalpluralismofspatialrightsofindigenouspeopleinarcipelagicprovinceinindonesia AT safaatma legalpluralismofspatialrightsofindigenouspeopleinarcipelagicprovinceinindonesia |