MASYARAKAT HUKUM ADAT PASKA PUTUSAN MAHKAMAH KONSTITUSI 35: ANTARA REKOGNISI DAN MARGINALISASI

2018 ◽  
Vol 18 (2) ◽  
pp. 123-132
Author(s):  
L.R Wibowo ◽  
M Budi Mulyawan ◽  
Yustina Ambarini M ◽  
Ismatul Hakim
Keyword(s):  
Indigenous Peoples ◽  
Legal Status ◽  
Profit Sharing ◽  
Forest Resources ◽  
Forest Industry ◽  
Cultural Relations ◽  
Land Area ◽  
West Kalimantan ◽  
Customary Land ◽  
The Right

The Kandayan Dayak  is one of the customary community (MHA) which has been hereditary living in the forest area of ​​West Kalimantan province. The Kandayan has rules and local wisdom in managing  natural resource  that have long been inspired by the ancestors, but their legal status of their residence and  customary land area overlaps with the area of ​​forest timber forest product utilization (UPHHK-HTI) and oil palm plantations. The uncertainty of the ulayat rights made the Kandayan customary  to move to areas outside the limited production forest controlled by UHHK-HTI. The limitations to access natural resources make these indigenous peoples have tocollaborate with local entrepreneur through  profit-sharing mechanism. Along with this partnerships,  they are losing the livelihood resources that have so far sustained their survival and  they are also uprooted from the bonds of cultural relations with their land. In other words their sovereignty over the right of forest resources becomes eroded by excessive capitalization by the modern forest industry

International law and indigenous peoples

1995 ◽  
Vol 3 (1) ◽  
pp. 47-76 ◽  
Author(s):  
Stephan Marquardt
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Positive Answer ◽  
Self Determination ◽  
New Developments ◽  
Recent Developments ◽  
The Right

AbstractIndigenous people- international law - self-determination. In recent years, indigenous people have become increasingly active at the international level. Recent developments, in particular the drafting of a UN declaration on the rights of indigenous peoples, indicate that new rules of international law may be emerging from this process. The new developments raise the question of the legal status of indigenous peoples. This question has essentially two elements: whether indigenous peoples may claim sovereign rights and whether the right to self-determination of peoples is applicable to them. A number of arguments suggest that a positive answer may be given to these two questions. An important aspect in this context is that indigenous peoples should be distinguished from minorities.

scholarly journals Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 99
Author(s):  
Ronald Saija ◽  
Fransiscus X. V. R Letsoin ◽  
Rory Jeff Akyuwen ◽  
Pieter Radjawane
Keyword(s):  
Indigenous Peoples ◽  
Agrarian Reform ◽  
Conceptual Approach ◽  
Reform Policy ◽  
The Subject ◽  
The Republic ◽  
Customary Land ◽  
The Right ◽  
Water Space

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

scholarly journals Environmental governance: Broadening ontological spaces for a more livable world

2021 ◽  
pp. 251484862110185
Author(s):  
Walker DePuy ◽  
Jacob Weger ◽  
Katie Foster ◽  
Anya M Bonanno ◽  
Suneel Kumar ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Environmental Governance ◽  
Policy Instruments ◽  
Self Determination ◽  
Ontological Pluralism ◽  
Cognitive Justice ◽  
Challenges And Opportunities ◽  
United Nations Declaration ◽  
The Right ◽  
Land Water

This paper contributes to global debates on environmental governance by drawing on recent ontological scholarship to ask: What would it mean to ontologically engage the concept of environmental governance? By examining the ontological underpinnings of three environmental governance domains (land, water, biodiversity), we find that dominant contemporary environmental governance concepts and policy instruments are grounded in a modernist ontology which actively shapes the world, making certain aspects and relationships visible while invisibilizing others. We then survey ethnographic and other literature to highlight how such categories and their relations have been conceived otherwise and the implications of breaking out of a modernist ontology for environmental governance. Lastly, we argue that answering our opening question requires confronting the coloniality woven into the environmental governance project and consider how to instead embrace ontological pluralism in practice. In particular, we examine what taking seriously the right to self-determination enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) could mean for acknowledging Indigenous ontologies as systems of governance in their own right; what challenges and opportunities exist for recognizing and translating ontologies across socio-legal regimes; and how embracing the dynamism and hybridity of ontologies might complicate or advance struggles for material and cognitive justice.

Introduction: Configuring the Green New Deal

2021 ◽  
pp. 103530462110176
Author(s):  
Anna Sturman ◽  
Natasha Heenan
Keyword(s):  
Land Use ◽  
Indigenous Peoples ◽  
New Deal ◽  
Large Scale ◽  
Political Strategy ◽  
Right Wing ◽  
Jel Codes ◽  
Economic Stagnation ◽  
Political Project ◽  
The Right

We introduce a themed collection of articles on approaches to configuring a Green New Deal as a response to the current capitalist crisis marked by ecological breakdown, economic stagnation and growing inequality. The Green New Deal is a contested political project, with pro-market, right-wing nationalist, Keynesian, democratic socialist and ecosocialist variants. Critiques of the Green New Deal include pragmatic queries as the feasibility of implementation, and theoretical challenges from the right regarding reliance on state forms and from the left regarding efforts to ameliorate capitalism. They also include concerns about technocratic bias and complaints about lack of meaningful consultation with Indigenous peoples on proposals for large-scale shifts in land use. Debates over the ideological orientation, political strategy and implementation of the Green New Deal must now account for the economic and employment impacts of COVID. JEL Codes: Q43, Q54, Q56, Q58

Explaining the Epigraphic Habit in the Roman Empire: The Evidence of Epitaphs

1990 ◽  
Vol 80 ◽  
pp. 74-96 ◽  
Author(s):  
Elizabeth A. Meyer
Keyword(s):  
Roman Empire ◽  
North Africa ◽  
Legal Status ◽  
The Third ◽  
The Right ◽  
Political Economic ◽  
Over Time

It is now notorious that the production of inscriptions in the Roman Empire was not constant over time, but rose over the first and second centuries A.D. and fell in the third. Ramsay MacMullen pointed this out more than five years ago, with conclusions more cautionary than explanatory: ‘history is not being written in the right way’, he said, for historians have deduced Rome's decline from evidence that–since it appears only epigraphically–has merely disappeared for its own reasons, or have sought general explanations of decline in theories political, economic, or even demographic in nature, none of which can, in turn, explain the disappearance of epigraphy itself. Why this epigraphic habit rose and fell MacMullen left open to question, although he did postulate control by a ‘sense of audience’. The purpose of this paper is to propose that this ‘sense of audience’ was not generalized or generic, but depended on a belief in the value of romanization, of which (as noted but not explained by MacMullen's article) the epigraphic habit is also a rough indicator. Epitaphs constitute the bulk of all provincial inscriptions and in form and number are (generally speaking) the consequence of a provincial imitation of characteristically Roman practices, an imitation that depended on the belief that Roman legal status and style were important, and that may indeed have ultimately depended, at least in North Africa, on the acquisition or prior possession of that status. Such status-based motivations for erecting an epitaph help to explain not only the chronological distribution of epitaphs but also the differences in the type and distribution of epitaphs in the western and eastern halves of the empire. They will be used here moreover to suggest an explanation for the epigraphic habit as a whole.

scholarly journals Indigenous Education and Human Rights

2007 ◽  
Vol 14 (4) ◽  
pp. 425-453 ◽  
Author(s):  
Noam Schimmel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Cultural Continuity ◽  
Human Right ◽  
Language And Culture ◽  
The Social ◽  
Majority Culture ◽  
Educational Programmes ◽  
The Right

AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

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