scholarly journals THE CATEGORIZATION OF SOLUTIONS FOR INDIGENOUS PEOPLE IN CUSTOMARY LAND-USE CONFLICTS IN INDONESIA

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Daniel Jesayanto Jaya ◽  
Retna Hidayah ◽  
Diya Ul Akmal ◽  
Anjulin Yonathan Kamlasi
Keyword(s):  
Land Use ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Human Life ◽  
Secondary Data ◽  
Land Conflicts ◽  
Land Use Conflicts ◽  
The Government ◽  
Customary Land ◽  
Ownership Rights

Human need for land has influenced land use behavior and is an acute problem in many regions. Many areas have changed their original function in order to sustain human life, one of which causes forests to be converted into settlements, plantation and agricultural areas as well as mining areas. However, often the converted land is customary land in the form of forests and not a few that have long been disputed. In the era of independence, the government recognized that customary land belonged to the state. In its implementation, customary land is recognized by the government but its ownership rights are not. The indigenous people are only allowed to manage it. This study aims to categorize solutions that can be used in resolving land-use conflicts over customary lands. This study used the traditional review method with secondary data obtained from appropriate and relevant sources. Customary land is recognized in Indonesian law through UUPA No. 5 of 1960. The highest right to land owned or controlled by community members and its implementation is regulated by customary / village elders called ulayat rights, but provided that its existence and implementation still exist. In cases that occur in various countries, there are various kinds of implementation irregularities caused by excessive usage patterns or not according to the main purpose of their use. In Indonesia, irregularities in the implementation of the Law on indigenous peoples to manage their land are often found. Even some government policies are still detrimental to society. Therefore, in resolving customary land conflicts, one must look at various angles and see the history of disputed land, and can refer to several cases that have occurred in other countries. The categorization of land-use conflict solutions can be viewed from the point of view of the resolution process, the distribution of use of customary land use for indigenous peoples in conflict, what changes in land use have occurred according to procedures or not, mapping is needed to avoid vertical conflicts. and horizontally, and the involvement of the disputing parties, as well as based on ownership rights over customary land.

scholarly journals Penetapan Wilayah Adat dan Masyarakat Hukum Adat Desa Penyengat Kecamatan Sungai Apit Kabupaten Siak

2020 ◽  
Vol 19 (2) ◽  
pp. 12-28
Author(s):  
Wahyu Damon Prakoso
Keyword(s):  
Data Collection ◽  
Literature Review ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
Data Source ◽  
Customary Land

The problem that occurs is how the indigenous people of swamps interpret the lack of management territory, the loss of livelihood resources and organize themselves to seize opportunities for management rights. The problem of customary land and indigenous peoples above, the researchers felt the need to study more deeply on the Determination of Indigenous Areas and Customary Law Communities in Penyengat Village, Sungai Apit Subdistrict, Siak Regency, Based on the Minister of Home Affairs Regulation No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Peoples. This type of research is sociological, so the data source used is primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Data collection techniques are done by observation, interviews, and literature review.

scholarly journals KEDUDUKAN HAK ATAS TANAH MASYARAKAT HUKUM ADAT UNTUK KEPENTINGAN UMUM

2017 ◽  
Vol 13 (25) ◽  
pp. 69-84
Author(s):  
Jhon A Mebri
Keyword(s):  
Indigenous Peoples ◽  
Public Interest ◽  
Human Life ◽  
Land Rights ◽  
Close Correlation ◽  
Customary Law ◽  
Economic Resource ◽  
Customary Rights ◽  
The Government ◽  
Customary Land

Land has a very important meaning in human life, because most of human life depends on the land. There is a close correlation between man and the land and there is no human in this world who does not need the land. The land is not only understood as an economic resource, but for others it sees the land as sacred and one of the indigenous peoples of Papua must preserve. So with the government policy to allocate land for public interest often conflict with the interest of indigenous people of Papua. Related to the procurement of land is regulated in Law No. 2 of 2012 on Land Procurement for Development for Public Interest. The focus of this research is how to recognize and regulate land rights of indigenous and tribal peoples for the public interest in Papua and how are the legal effects on customary land rights for indigenous and tribal peoples in Papua? By using normative research methods it can be concluded that the recognition and regulation of indigenous peoples' rights to land as customary rights in accordance with the provisions of the Basic Agrarian Law, the Law on Special Autonomy and Law No. 6 of 2014 on Villages, is recognized Of its existence and use in accordance with applicable provisions in indigenous and tribal peoples. However, in practice it is often not in accordance with the provisions in force in Indonesia, so as not to provide justice and legal certainty.The legal consequences of customary law community land acquisition for public interest are the form of indemnity for indigenous and tribal peoples through the agreed mechanism and the transfer of land rights of customary law community to the government.

OWNERSHIP RIGHTS TRANSFER OF OFFICIAL RESIDENCE LAND

2020 ◽  
Vol 4 (1) ◽  
pp. 19
Author(s):  
Bintang Ulya Kharisma
Keyword(s):  
Private Sector ◽  
Human Life ◽  
Secondary Data ◽  
Government Employees ◽  
Group Iii ◽  
Presidential Decree ◽  
The Government ◽  
Ownership Rights ◽  
Rights Transfer ◽  
Lease Agreement

In a legal state, land has a very important role in human life. It can determine the existence and the sustainability of legal actions. In its development, the government or private sector companies provide Official Residences to their employees, or what may be called a state house. Based on the law, the Official Residence is a building owned by the state, and functions as a residence or a dwelling. It serves as a developmental facility for families and supports the job implementation of officials and/or government employees. The humans’ need for land as a place of dwelling may cause conflicts regarding the provision of the Official Residence. The method used in this research is the juridical-normative method. It uses secondary data. The ownership rights transfer of the Official Residence to private sectors may happen without violation of the constitution, as it is regulated in the Presidential Decree No. 11 of 2008 which states that the tenant may own the Official Residence with some conditions. For example, the house must be an Official Residence Group III. The rightful tenant must file a request to its related Department. Then, the tenant and the related department create a Lease Agreement. After the tenant settles the debt, he/she may own the house.

scholarly journals Коренные народы Охотско-колымского края в годы Великой Отечественной войны

2020 ◽  
pp. 114-123
Author(s):  
L. N. Khakhovskaya ◽  
Keyword(s):  
Medical Care ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Vocational Training ◽  
Nature Management ◽  
Reindeer Herding ◽  
Social Infrastructure ◽  
Collective Farming ◽  
Great Patriotic War ◽  
The Government

Based on archival sources, the author analyzes the situation of the indigenous peoples of the Okhotsk-Kolyma territory during the Great Patriotic War. The government continued to implement paternalistic social policies: the development of housing and social infrastructure in the areas where indigenous peoples live, improvement of medical care and education, and vocational training. It is shown that most indigenous peoples, involved with collective farming worked disciplinedly and responsibly in areas related to traditional nature management (reindeer herding, fishing, fur hunting). With their labor and personal donations, the indigenous people made a feasible contribution to the victory. The indigenous peoples also fought on the front and served in the rear troops.

scholarly journals PERAN NEGARA DALAM PENGELOLAAN SUMBER DAYA KELAUTAN BERBASIS KEARIFAN LOKAL UNTUK KESEJAHTERAAN YANG BERKEADILAN

2018 ◽  
Vol 25 (1) ◽  
pp. 22
Author(s):  
Rachmad Safaat ◽  
Dwi Yono
Keyword(s):  
Environmental Management ◽  
Sustainable Development ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Traditional Society ◽  
Economic Base ◽  
Local Society ◽  
Clean Environment ◽  
Coastal Area Management ◽  
The Government

Marine and coastal area management is necessary to be operated comprehensively and sustainable. The existence of indigenous peoples and traditional society has a role in the marine and coastal areas management, but the legislation has not been fully giving more protection in its management. Economic base development, generally often ignore local society wisdom, so that a clean environment is being polluted as a result of that waiver. Development that materialistic value oriented, only the physical build that actually provide benefits to investors and not the community itself. What kind of justice that ideally obtained by indigenous and traditional peoples to achieve justice that bring prosperity? The government has neglected and must fix the policies in the legislation as a foundation for development without neglecting the indigenous people themselves. Equitable development not just physically, but sustainable development to preserve nature by observing local society wisdom that have taken place to the next. The government still considered neglectful for environmental management.

scholarly journals Agricultural Land Abandonment and Farmers’ Perceptions of Land Use Change in the Indus Plains of Pakistan: A Case Study of Sindh Province

2019 ◽  
Vol 11 (17) ◽  
pp. 4663
Author(s):  
Habibullah Rajpar ◽  
Anlu Zhang ◽  
Amar Razzaq ◽  
Khalid Mehmood ◽  
Maula Bux Pirzado ◽  
...  
Keyword(s):  
Land Use ◽  
Land Use Change ◽  
Survey Data ◽  
Agricultural Land ◽  
Environmental Changes ◽  
Secondary Data ◽  
Land Abandonment ◽  
Agricultural Lands ◽  
Sindh Province ◽  
The Government

Agriculture is the mainstay of Pakistan’s economy. However, it has been noticed that farmers are increasingly giving up agriculture in favor of non-agricultural activities. This study was conducted in the Khairpur district of Sindh province, which is part of the Indus Plains in Pakistan. The main purpose of the study was to investigate the current and future land use change (LUC) trends and to study farmers’ perceptions of the causes and consequences of LUC and agricultural land abandonment (ALA) in the study area. The study used field survey data and secondary data obtained from the government sources. The results show that agricultural land in the region has decreased by about 9% in the past two decades. Survey data analysis confirms this because more than 80% of farmers believe that agricultural land in the area has declined over time. In addition, farmers believe that socioeconomic and environmental changes are the main reasons for LUC and ALA. We used a logistic regression model to determine the factors that influence farmers’ decisions to sell agricultural land for other uses. The results show that the age, income, land ownership, farm inheritance by successors, social networks and lack of basic facilities in the study area are the main determinants of farmers’ decisions to sell agricultural lands. In particular, farmers’ integration into the social network and their belief that the farm will be inherited by heirs reduces the possibility of selling land. As for the consequences of LUC and ALA, the results indicate that farmland prices, weeds infestation, urban diffusion, and pressure on existing infrastructure have increased in the study area. In addition, the results show that the prospects of farming in the area remain grim as most farmers indicated that they were willing to abandon agricultural lands in favor of other revenue generation activities. The study suggests that policymakers should pay close attention to controlling rapid LUC and ALA to keep lands green.

SOCIAL CHANGE, CRIMINALITY AND COVID-19: THE NIGERIAN CASE STUDY

2020 ◽  
Vol 6 (1) ◽  
pp. 14-27
Author(s):  
Aristotle Jacob ◽  
◽  
Wakama Ateduobie ◽  
◽  
Keyword(s):  
Social Change ◽  
Good Governance ◽  
Human Life ◽  
Local Level ◽  
Secondary Data ◽  
Well Being ◽  
Federal State ◽  
Structural Factors ◽  
State And Local ◽  
The Government

This study examine how covid-19 has induced social changes and criminality in Nigeria as a result of economic lockdown, restriction on inter-state movement, closure of international borders, restriction of religious worship, restrictions on all forms of marital rites, ban on all burial and funeral activities, suspension of all educational activities, and social interactions replaced by social distancing. Due to this alteration of the normal human life, and since survival is key, hence the issue of criminality. This paper examined cases of criminality in the country during lockdown, government interventions to mitigate the increase in criminality as a result of the pandemic, implication of covid-19 on fashion, determinant, forms and resistance to social change. The paper is qualitative in nature and relied principally on secondary data to achieved the scope of the study, these includes publications sourced from text books, bulletins, journals, government documents, newspapers and internet. The conflict and conspiracy theory of social change was adopted as the theoretical framework for the study. The findings in this study showed that the government with the aim to mitigate the spread of the pandemic in the country restricted the movement of its citizens with compulsory sit-at-home, thus affecting the normal life of its citizens, government intervention at the federal, state and local level is grossly inadequate to cushion the effect of the epidemic on the vulnerable citizens of the country, several structural factors helped triggered Nigeria’s current economic crises such as poor public health infrastructure, institutional corruption, weak and underdeveloped digital economy, lack of social welfare programme, leadership problem, over-dependent on oil sector of the economy, lack of saving culture and, high debt profile of Nigeria. The paper recommends that government should create an enabling environment to increase the standard of living of its citizens as poverty fuels criminality, the government should not politicalize the distribution of relief materials to victims in the face of emergencies, since the protection of the welfare and well-being of the people is the reason for governance, need for good governance and the rule of law, and government should improve capacity-building strategies for adequate security of life and property in Nigeria.

scholarly journals PERLINDUNGAN HUKUM BAGI TANAH ULAYAT MASYARAKAT ADAT KESULTANAN DELI AKIBAT NASIONALISASI NV DELI MAATSCHAPPIJ [Legal Protection of the Communal Land Rights of the Deli Sultanate due to the Nationalization of NV Deli Maatschaapij]

Law Review ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 46
Author(s):  
Jeremy Aidianto Naibaho ◽  
Bambang Daru Nugroho ◽  
Yusuf Saepul Zamil
Keyword(s):  
Indigenous Peoples ◽  
Legal Protection ◽  
Land Rights ◽  
Library Research ◽  
National Economic ◽  
Communal Land ◽  
The Government ◽  
Plantation Company ◽  
Customary Land ◽  
The Impact

<p><em><span class="fontstyle0"><strong>Abstract</strong><br /></span></em></p><p><em><span class="fontstyle1">Nationalization of a Dutch-owned plantation company, NV Deli Maatschappij, was an attempt by the government to improve national economic situation. However, during the process, communal land which was concessioned to the plantation, was also nationalized and not given compensation by the government which resulted the indigenous people of Deli Sultanate losing their customary land. The former plantation land was converted to Cultivation Rights and handed over to the State Plantation Company This problem led to a prolonged conflict over ownership of the former estate. The purpose of this study is to determine the validity of the nationalization process carried out by Indonesian government on the existence of indigenous peoples’ customary land rights and obtain  settlement of customary land rights of indigenous peoples as the impact on nationalization. Furthermore, this research is normative legal research (library research) with a statutory approach (statue approach).<br /></span></em></p><p><span class="fontstyle0"><strong><em>Keywords: Nationalization, Communal Land, Compensation</em></strong><br /></span></p><p><span class="fontstyle3"><br /></span></p><p><span class="fontstyle3"><strong>Abstrak</strong><br /></span></p><p><span class="fontstyle4">Proses nasionalisasi Perusahaan Perkebunan milik Belanda, yaitu NV Deli </span><span class="fontstyle1">Maatschappij </span><span class="fontstyle4">adalah upaya pemerintah untuk memperbaiki perekonomian Negara. Namun dalam pelaksanaannya tanah ulayat yang dikonsesikan kepada perkebunan juga ikut ternasionalisasi dan tidak diberikan ganti kerugian oleh pemerintah yang berakibat Masyarakat Adat Kesultanan Deli kehilangan tanah ulayatnya. Tanah bekas perkebunan diubah menjadi Hak Guna Usaha dan diserahkan kepada Perusahaan Perkebunan Negara. Hal ini menimbulkan<br />konflik berkepanjangan tentang kepemilikan tanah bekas perkebunan tersebut. Penelitian ini merupakan penelitian hukum normatif (</span><em><span class="fontstyle1">library research</span></em><span class="fontstyle4">) dengan pendekatan undang-undang (</span><em><span class="fontstyle1">statue approach</span></em><span class="fontstyle4">). Tujuan penelitian ini adalah untuk menilai keabsahan proses nasionalisasi yang dilakukan oleh pemerintah Indonesia terhadap eksistensi hak ulayat Masyarakat Adat dan memperoleh penyelesaian sengketa tanah ulayat Masyarakat Adat sebagai dampak atas<br />nasionalisasi.<br /></span></p><p><strong><span class="fontstyle3">Kata Kunci: Nasionalisasi, Tanah Ulayat, Ganti Rugi</span> </strong></p>

scholarly journals SOCIAL NETWORK AND LAND CONFLICT IN RURAL COMMUNITIES (CASE STUDY IN SENAMA NENEK VILAGE TAPUNG HULU SUB REGENCY KAMPAR REGENCY)

2017 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
MEKI HERLON ◽  
FAJAR RESTUHADI ◽  
ROZA YULIDA
Keyword(s):  
Social Network ◽  
Rural Communities ◽  
Research Method ◽  
Secondary Data ◽  
Community Leaders ◽  
Survey Method ◽  
Land Conflict ◽  
The Government ◽  
Customary Land

One of the government effort in accelerated development is believed to be done with maximum natural resource management, sustainable, and without any conflict. This 2800 ha of land conflict happened between rural citizen in sub regency Tapung Hulu and PTPN V Kebun Sei Kencana. The aim of this research is to find out information about social network and land conflict in rural communities in Senama Nenek vilage. This research is done within November 2015 until March 2016. Research method is using survey method and research sample for community leaders (12 people by census) and ordinary citizen (113 people by Snow Ball). The data that needed is primary and secondary data, the analysis used SPSS and UciNet program. The result showed that there are 12 actors involved in this conflict which are : 8 actors that maintain customary land (Ishk, Myya, Mkwr, Frds, Abms, Ahyn, dan Tmsn) and 4 actors uphold interests of the company (Abcn, Sprn, Sjls, dan Srdi).

scholarly journals EKSISTENSI MASYARAKAT ADAT TERGERUS OLEH KEBUTUHAN ZAMAN Studi Analisis Konflik Masyarakat Adat Sunda Wiwitan di Kuningan yang Terusir dari Tanah Adatnya Sendiri dengan Teori Identitas

2019 ◽  
Vol 1 (1) ◽  
pp. 44
Author(s):  
Rachel Farakhiyah ◽  
Maulana Irfan
Keyword(s):  
Conflict Resolution ◽  
Indigenous Peoples ◽  
Customary Law ◽  
District Court ◽  
Court Ruling ◽  
Land Disputes ◽  
Customary Rights ◽  
The Government ◽  
Customary Land ◽  
Privately Owned

Pengakuan pemerintah terhadap hukum adat masih setengah hati. Padahal, eksistensi hukum adat memiliki landasan konstitusional yang kuat dalam Pasal 18B ayat (2) UUD 1945. Tubrukan antara proyeksi pembangunan dari pemerintah, kepentingan masyarakat umum, beserta hak ulayat dari masyarakat adat, telah menimbulkan gesekan yang sangat rentan akan timbulnya konflik. Seperti halnya yang memicu terjadinya konflik yang memanas di dalam masyarakat sunda wiwitan atas sengketa lahan. Yang mana perlakuan Jaka yang mengklaim tanah adat menjadi tanah milik pribadi sebagai bentuk pelanggaran hukum adat dan kemudian ditambah dengan putusan PN Kuningan yang memanangkan permintaan Jaka atas hak milih tanah adat seluas 224 m2. Putusan PN tersebut dinilai cacat hukum dan tidak memperhatikan asal usul sejarah. Maka hal tersebut menimbulkan berbagai aksi perlawanan dari pihak kubu masyarakat adat Sunda Wiwitan untuk berusaha memperoleh kembali haknya atas tanah adat mereka. Tujuan penulisan artikel ini yaitu untuk menjelaskan latarbelakang terjadinya konflik dan pemicu terjadinya konflik dengan menggunakan teori identitas yang nantinya dapat dirumuskan resolusi konflik yang efektif. Metode yang digunakan dalam penulisan artikel ini yaitu menggunakan studi litelatur yang diperoleh dari jurnal,buku, dan berbagai macam berita. Hingga saat ini konflik yang bergulir belum menemukan kejelasan karena belum terdapat resolusi konflik yang jelas dan masih sampai kepada tahap digagalkannya proses eksekusi tanah adat seluas 224 m2oleh Pengadilan Negri Kuningan. Government recognition of customary law is still half-hearted. In fact, the existence of customary law has a strong constitutional foundation in Article 18B paragraph (2) of the 1945 Constitution. Collisions between projected development from the government, the interests of the general public, along with customary rights from indigenous peoples, have created a very vulnerable friction in the emergence of conflict. As is the case that triggered a heated conflict in Sunda Wiwitan society over land disputes. Which is the treatment of Jaka who claimed customary land to be privately owned as a form of violation of customary law and then added with the Kuningan District Court decision to adopt Jaka's request for customary land rights of 225 m2. The Kuningan District Court ruling was deemed legally flawed and did not pay attention to the origin of history. So this caused various acts of resistance from the sides of the Sunda Wiwitan indigenous people to try to regain their rights to their customary lands. The purpose of writing this article is to explain the background of the occurrence of the conflict and the trigger for the occurrence of conflict by using identity theory which can later be formulated effective conflict resolution. The method used in writing this article is to use litelatur studies obtained from journals, books, and various kinds of news. Until now the rolling conflict has not yet found clarity because there is no clear conflict resolution and is still up to the stage where the process of execution of customary land of 225 m2 was thwarted by the Kuningan District Court.

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