Development as a Threat to Indigenous Peoples’ Rights in Indonesia

2020 ◽  
Vol 27 (3) ◽  
pp. 442-471
Author(s):  
Mirza Satria Buana
Keyword(s):  
Land Use ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Land Market ◽  
Weak Regime ◽  
The Government

This article examines the hypothesis that the developmental priorities of Indonesia in the post-Suharto era, in particular three legislative Acts that purport to protect indigenous peoples’ rights, in fact serve to undermine these rights. These Acts are: the Basic Agrarian Act, the Forestry Act, and the Plantation Act, and relate to land use for development purposes and also affect the autonomy of indigenous peoples. Despite being crucially important, these Acts have had detrimental effects on indigenous peoples’ lives. This article, using a qualitative socio-legal approach, analyses the historical and political contexts of the Acts to determine whether they enhance or undermine indigenous peoples’ rights, and how the government uses the Acts for suppression. This analysis identifies reasons for the weak regime, notably that the legislative Acts on land-related sectors are used as a political tool to suppress local communities, while allowing the government’s land market businesses to exploit natural resources.

scholarly journals New Paradigm in Natural Resources Management: Securing Indigenous Peoples Rights

2020 ◽  
Vol 6 (1) ◽  
pp. 56
Author(s):  
Farida Patittingi
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Natural Resources Management ◽  
Bright Spot ◽  
New Paradigm ◽  
Resources Management ◽  
Collective Rights ◽  
Forest Law ◽  
The Government

The multi-decade struggle of indigenous communities in Indonesia to gain recognition of their collective rights and the reluctance of the state to act on their demands, now has come to a bright spot. The rights of indigenous peoples in natural resources management –in land and forests– get more recognition as well as protection since the Constitutional Court’s decision on forest law. The recognition of indigenous peoples and their traditional rights must be followed by exclusive rights to control and managing resources in their environment, such as land or forests, as the main source of livelihood for indigenous peoples (lebensraum). Hence, a legal policy is needed from the government that regulates and provides strict and clear recognition criteria for its existence and their rights to natural resources.

scholarly journals Government Policy in the Natural Resource Management of Local Community

2016 ◽  
Vol 1 (1) ◽  
pp. 122
Author(s):  
Revency Vania Rugebregt ◽  
Abrar Saleng ◽  
Farida Patittingi
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Natural Resource Management ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
Local Community ◽  
Legal Pluralism ◽  
Environmental Damage ◽  
Customary Rights ◽  
The Government

Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.

scholarly journals Legal Development of Coastal Marine Management Based on the Idea of Pancasila

2018 ◽  
Vol 4 (1) ◽  
pp. 113
Author(s):  
Jantje Tjiptabudy
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Marine Management ◽  
Positive Law ◽  
Coastal Marine ◽  
The Republic ◽  
The Government ◽  
Marine Areas

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

Property Rights and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Rural Women ◽  
Local Communities ◽  
Small Scale ◽  
Human Rights Law ◽  
Community Property ◽  
The Right ◽  
And Control

This chapter focuses on the connection between property rights and natural resources. Most national jurisdictions are based on a model of ‘State property’, whereby ownership and control of natural resources are vested in the ultimate authority of the State. This chapter analyses how the right to property supports the recognition of property rights over natural resources for certain category of citizens, notably indigenous peoples, landless peasants, and rural women. Based on this analysis, the chapter then explores how human rights law is gradually supporting the recognition of some forms of community property rights, notably for local forest communities and small-scale fishing communities. It also explores some of the underlying tensions between the concessionary rights of corporations and investors over natural resources and the rights of local communities.

Local Actors, Institutions and Land Governance in the Chotiari Water Reservoir, Pakistan

2019 ◽  
Vol 11 (1-2) ◽  
pp. 136-148
Author(s):  
Habibullah Magsi ◽  
Anwar Hussain ◽  
Muhammad Khalid Rashid ◽  
Muazzam Sabir
Keyword(s):  
Land Use ◽  
Natural Resources ◽  
Information Dissemination ◽  
Local Population ◽  
Water Reservoir ◽  
Awareness Campaigns ◽  
Resource Governance ◽  
Natural Resource Governance ◽  
Local Actors ◽  
The Government

Previous studies show that blemished infrastructural development projects dispossessed local population and degraded natural resources to a greater extent in the developing countries. Therefore, this research is aimed at determining how land use decisions affect local habitats and resources. Thus, the data were collected from the recently constructed water reservoir in the southern part of Pakistan, named Chotiari. Our findings show that the project is hampered by the local actors’ nonparticipation in decision-making, deceptive information dissemination by the authorities, misuse of funds, power relations, improper rehabilitation plans and unequal access to natural resources. We paid attention to the actors’ network, land as well as the property rights violations, which have created the conflicts, where the causes of the conflicts of land use super positioned in the light of international rules and laws have also been explained. Thus, it is recommended that, for natural resource governance and land use conflict management, it is imperative to take all stakeholders on board during feasibility of any infrastructural setting. Furthermore, the awareness campaigns regarding the environmental importance and valuation of natural resources must be on the topmost agenda of the government.

scholarly journals Global Importance of Indigenous and Local Communities’ Managed Lands: Building a Case for Stewardship Schemes

2020 ◽  
Vol 12 (19) ◽  
pp. 7839
Author(s):  
Kamaljit K. Sangha
Keyword(s):  
Ecosystem Services ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Management Practices ◽  
Well Being ◽  
Local Communities ◽  
Water Regulation ◽  
Coastal Marine ◽  
Mainstream Society

The role of Indigenous peoples and local communities (IPLCs) in sustainably using and managing natural resources is becoming broadly recognised within some international platforms (e.g., the UN Permanent Forum on Indigenous Issues and Intergovernmental Platform on Biodiversity and Ecosystem Services). However, the support for IPLCs to continue managing their land is either completely absent or scanty. This paper presents the value of only four ecosystem services, estimated at USD 1.16 trillion per year, that are delivered from IPLCs managed lands alone (excluding coastal, marine, and other resources). These four ecosystem services (ES), i.e., carbon sequestration, biocontrol, air, and water regulation offer offsite benefits to the wider regional and global populations yet without returns to the IPLCs themselves except for facing more climate and natural disaster-related challenges mainly caused by the actions of mainstream society. It further outlines key challenges and advocates for establishing stewardship mechanisms to promote and support IPLCs land management practices that will effectively help in protecting and preserving biodiversity, water, and other natural resources on Earth to sustain and enhance human well-being.

scholarly journals KAJIAN UPAYA PENGENDALIAN PENGGUNAAN TANAH DI KABUPATEN TEMANGGUNG PROVINSI JAWA TENGAH

2016 ◽  
Vol 2 (1) ◽  
pp. 84
Author(s):  
Slamet Muryono
Keyword(s):  
Land Use ◽  
Sustainable Agriculture ◽  
Natural Resources ◽  
Spatial Planning ◽  
Agricultural Land ◽  
Central Java ◽  
Discrepancy Rate ◽  
The Government ◽  
Spatial Plan

Abstract: Limitations of natural resources, especially land, is increasingly perceived both by the government as the land managerand the community as the users. Not only due to the increasing number of residents, but the speed of the development require landand make competition between land users are increasing. This research was done in Temanggung District, Central Java. The objectof this research is land use in the study area. Instruments used in controlling land use are Land Use Map (PT), Spatial Plan Map(RTRW), and Sustainable Agricultural Map (LP2B). Then, PT map was being correlated with RTRW map and LP2B map. The resultsshow that the conformity rate between PT and RTRW is 78.13%, and the discrepancy rate is 21.87%. The conformity rate betweenLP2B and PT is 77.55%, with the discrepancy rate of 24.45%, while between RTRW and LP2B, the conformity rate is 89.45%, withthe discrepancy rate of 10.55%.Keywords: land use, spatial planning, sustainable agriculture landIntisari: Keterbatasan keberadaan sumberdaya alam khususnya tanah, semakin hari semakin dirasakan baik oleh pemerintahsebagai pengelola tanah maupun masyarakat sebagai pengguna tanah. Hal ini karena luas tanah tetap tetapi yang menggunakantanah, dari tahun ke tahun semakin meningkat. Masalah yang muncul adalah upaya untuk tetap menjaga keseimbangan lingkungankhususnya dalam kaitan dengan penggunaan tanah agar tetap sesuai dengan arahan dalam RTRW dan LP2B. Penelitian dilakukan diKabupaten Temanggung. Pendekatan spasial dilakukan dengan cara analisis tumpang susun (overlay) peta-peta. Objek penelitiannyaadalah Peta Penggunaan Tanah (PT) di lokasi penelitian. Peta PT ini selanjutnya dikorelasikan dengan Peta Rencana Tata RuangWilayah (RTRW) dan Peta Lahan Pertanian Pangan Berkelanjutan (LP2B). Hasil penelitian menunjukan bahwa Instrumen yangdigunakan dalam pengendalian penggunaan tanah terdiri dari Peta Penggunaan Tanah (PT), Peta (RTRW), dan (LP2B). Kesesuaianantar instrumen pengendalian penggunaan tanah tersebut dapat dijelaskan bahwa 78,13 % sesuai. antara RTRW dengan PT, dan21,87 % tidak sesuai. Antara LP2B dengan PT 75,55 % sesuai dan 24,45 % tidak sesuai. Antara RTRW dengan LP2B 89,45 %sesuai dan 10,55 % tidak sesuai.Keywords: Land Use, Spatial Planning, Sustainable Agricultural Land

Recognition of the Indigeneity of the Basarwa in Botswana: Panacea against their Marginalisation and Realisation of Land Rights?

2020 ◽  
Vol 28 (4) ◽  
pp. 555-576
Author(s):  
Goemeone E. J. Mogomotsi ◽  
Patricia K. Mogomotsi
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Land Rights ◽  
Self Determination ◽  
Game Reserve ◽  
The Government ◽  
Colonial Government ◽  
Special Rights ◽  
Land Reserve

The Basarwa are the most marginalised tribe in Botswana. Their loss of access to land and subjugation is traceable to the arrival of the Bantu in Southern Africa. In an effort to address this historical injustice, the colonial government conceived the Central Kalahari Game Reserve (CKGR) as a ‘Bushmen’ land reserve. Notwithstanding this, the Basarwa have lost access to their historical lands and natural resources to tourism and mining. Consequently, the Basarwa took the government to court which resulted in the judicial pronouncement that that they are lawful occupiers of the reserve and cannot be relocated against their will. The court ruled that the Basarwa are indigenous peoples within the scope of international law. This article investigates the rights indigenous peoples have in the context of protecting the Basarwa. It argues that the Constitution of Botswana confers special rights to the Basarwa equivalent to those of indigenous peoples at international law. It further argues that the Basarwa have rights to access and utilisation of natural resources in the CKGR. This article recommends that the government should desist from approaching the Basarwa in a paternalist manner and respect their right to self-determination. It concludes that the recognition of the indigeneity of the Basarwa is critical in resolving their land issues.

Coastal Protection with the Community Based using the Local Wisdom in North Sulawesi

2019 ◽  
Vol 1 (1) ◽  
pp. 52-59
Author(s):  
Ariestides K.T Dundu ◽  
Stevanny Kumaat ◽  
Mochtar Sibi
Keyword(s):  
Land Use ◽  
Natural Resources ◽  
Physical Condition ◽  
Coastal Areas ◽  
Coastal Protection ◽  
Community Based ◽  
Public Facilities ◽  
North Sulawesi ◽  
The Government

The Coast Area is an area that has a physical condition where erosion occurs at other times, sedimentation occurs. Both of these conditions can be a problem in coastal areas. This is very closely related to land use in coastal areas. Another problem is that in protecting the beach by the government it is very expensive and cannot be carried out simultaneously throughout the coastal areas, so that people have to wait in uncertain times.In North Sulawesi coastal areas are widely used as settlements, tourist areas and other public facilities. The community has its own ability both in terms of the availability of natural resources and labour, so that it can secure the coast to reduce the risk of damage in its coastal areas.The method of building of non-structural coastal protection can be carried out by people whose construction types can be combined according to the conditions and availability of natural resources in the area.

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