scholarly journals Analysis of indigenous community conflicts on illegal mining in Botak mountain of Buru district

2019 ◽  
Vol 4 (1) ◽  
pp. 35-43
Author(s):  
Laode Alimin
Keyword(s):  
Indigenous Peoples ◽  
Gold Mining ◽  
Mining Area ◽  
Regional Government ◽  
Mountain Area ◽  
Illegal Mining ◽  
Customary Rights ◽  
The Government ◽  
Community Conflicts

The results of the study by the authors of the analysis that there are found 4 factors that influence the occurrence of conflict in the area of Buru Regency mountain gold mining bald. First, there is a struggle for mining land between indigenous peoples. Secondly, indigenous peoples claim land ownership over their customary rights. third, Conflict Policy from the government towards the closure of Mining in the bald mountain area. Of the 3 factors, this is the stage in the problem in the bald mountain until the conflict from the real gold mining is found open until now. The instructions from the Buru Regency Regent followed up by issuing the Regent Instruction Number 1 of 2012 concerning the handling of social disasters as a result of the management of illegal gold mining on Mount Bald in Buru Regency. In this case, in order to follow up on the policy, the two Instructions by the Regional Government agencies along with the Security Apparatus from the TNI and POLRI conducted sweeping in the illegal gold mining area on bald mountain.

scholarly journals KEDUDUKAN HUKUM HAK ULAYAT MASYARAKAT HUKUM ADAT DIHUBUNGKAN DENGAN OTONOMI DAERAH (STUDI DI KECAMATAN HARIAN KABUPATEN SAMOSIR)

2021 ◽  
Vol 29 (2) ◽  
pp. 125
Author(s):  
Mangapul Marbun
Keyword(s):  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Regional Government ◽  
Legal Certainty ◽  
Regional Autonomy ◽  
Community Rights ◽  
Customary Rights ◽  
The Republic ◽  
The Government

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.

scholarly journals Government and Community Conflict Resolution in Gold Mining Areas without Permission of Bungo District, Jambi Province

2020 ◽  
Vol 10 (1) ◽  
pp. 297
Author(s):  
Ane Rupaiedah ◽  
Kismartini Kismartini
Keyword(s):  
Conflict Resolution ◽  
Gold Mining ◽  
Mining Area ◽  
Deterrent Effect ◽  
Regional Government ◽  
Mining Areas ◽  
Community Conflict ◽  
Gold Miners ◽  
The Government ◽  
Conducting Research

Unlicensed Gold Mining in Bungo District caused prolonged conflict between the government and the community. This research is intended to analyze and describe the conflict resolution between the government and the community in the Unlicensed Gold Mining Area in Bungo District. In conducting research the Galtung Conflict Resolution theory is used with qualitative descriptive methods and Milles and Huberman data analysis techniques. The results showed that the process of resolving conflicts of gold mining without permission between the government and the community in Bungo District was carried out in several stages, namely: 1. Peacekeeping at this stage did not provide a deterrent effect for illegal gold miners, this is because during a joint operation of the TNI-POLRI and SatPOLPP occurred , gold miners have already escaped, 2. Peacemaking at this stage the Regional Government has coordinated with Rio or the village head together with the community to find solutions to the PETI problem. The solution offered by the community is the determination of a people's mining area (WPR), 3. Peacebuilding Bungo regency Regional Government through an integrated team to supervise the implementation of the PETI problem in its implementation is still constrained by social factors where the existence of changes in livelihoods that occur from generation to generation demanded on economic needs, and political factors in which there is a pattern of relations between law enforcement officials and cukong or people who facilitate gold mining without permission. To respond to the PETI problem in Bungo Regency: 1). The Bungo District Government needs to crack down on gold miners without permission, 2). Outreach will take place on the impacts of gold mining without permission, 3). Need to make a Regional Regulation (PERDA) in the management of community mining.

scholarly journals Konstitusionalitas Hak Masyarakat Hukum Adat atas Hak Ulayat Rumpon di Provinsi Lampung

2018 ◽  
Vol 14 (3) ◽  
pp. 463
Author(s):  
Ahmad Redi ◽  
Yuwono Prianto ◽  
Tundjung Herning Sitabuana ◽  
Ade Adhari
Keyword(s):  
Indigenous Peoples ◽  
Research Method ◽  
Legal Aspects ◽  
Coastal Communities ◽  
Customary Law ◽  
Fishing Gear ◽  
Constitutional Protection ◽  
Customary Rights ◽  
The Republic ◽  
The Government

Pasal 18B ayat (2) UUD NRI 1945 mengatur mengenai penghormatan dan pengakuan atas satuan-satuan masyarakat hukum adat beserta hak-hak tradisionalnya sepanjang keberadaannya masih ada. Salah satu hak masyarakat adat di masyarakat pesisir di Provinsi Lampung ialah hak rumpon sebagai hak ulayat laut. Rumpon laut secara bahasa merupakan jenis alat bantu penangkapan ikan yang dipasang di laut, baik laut dangkal maupun laut dalam. Saat ini eksistensi rumpon laut terancam keberadaannya karena untuk menjaga dan melestarikan sistem pengelolaan perikanan ini tidak didukung oleh tindakan nyata oleh Pemerintah dan masyarakat sekitar pesisir. Tulisan ini melakukan pengkajian atas hak masyarakat hukum atas hak ulayat rumpon di Provinsi Lampung dengan fokus penelitian pada eksistensi hak ulayat laut rumpon pada masyarakat Lampung dan perlindungan konstitusional atas hak ulayat rumpon laut. Metode penelitian yang digunakan yaitu metode socio-legal yang melakukan kajian terhadap aspek hukum dalam ranah das sollen dan das sein.Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia regulates the respect and recognition on customary law community units and their traditional rights as long as they still exist. One of the rights of indigenous peoples in coastal communities in Lampung Province is rumpon’s right as the ulayat right of the sea. Literaly, Rumpon laut is a type of fishing gear installed in the sea, both the shallow and the deep one. Currently the existence of rumpon laut is threatened because the maintenance is not supported by concrete actions by the Government and coastal communities. This paper conducts an assessment of the community’s right on customary rights of rumpon laut in Lampung Province. This paper focuses on the existence of the ulayat right of rumpon laut in Lampung and the constitutional protection of the ulayat right of rumpon laut. The research method used is a sociolegal method that studies the legal aspects in the realm of das sollen and das sein.

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.

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.

Peace deals will not reduce illegal mining in Colombia

2017 ◽  
Keyword(s):  
At Risk ◽  
Financial Support ◽  
Large Scale ◽  
Gold Mining ◽  
Armed Forces ◽  
Content Type ◽  
Illegal Mining ◽  
Legal Challenges ◽  
The Government ◽  
Trump Administration

Subject Illegal mining. Significance The army this month announced the capture of two suspected members of the Clan del Golfo crime group (otherwise known as the Urabenos) in Buritica, Antioquia. The group is thought to be attempting to revive illegal mining in the area, which the government has targeted as part of a recent drive to tackle the crime. Despite increased security efforts nationwide, and the demobilisation of rebels from the Revolutionary Armed Forces of Colombia (FARC), however, little immediate improvement is anticipated. Impacts Gold mining firms are particularly at risk of illegal miners and will invest heavily in security. Gaining project licences may become more difficult if communities associate mining with destructive, unregulated operations. Environmental activism may contribute to the spread of illicit mining as permits for large-scale projects face mounting legal challenges. Security funding could come under further strain should the Trump administration curtail US financial support to Colombia.

scholarly journals Dehumanisation Of Moronene Hukaea Laea Indigenous Community In Setting The Boundary Of Ulayat Rights

Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 118
Author(s):  
Andi Yaqub ◽  
Ashadi L. Diab ◽  
Andi Novita Mudriani Djaoe ◽  
Riadin Riadin ◽  
Iswandi Iswandi
Keyword(s):  
Indigenous People ◽  
National Parks ◽  
Indigenous Peoples ◽  
National Park ◽  
Descriptive Analysis ◽  
Indigenous Community ◽  
Conservation Area ◽  
Customary Rights ◽  
The Government

The determination of the area of customary rights of indigenous peoples is a form of protection for indigenous peoples, a step to overcome vertical conflicts between the Moronene Hukaea Laea indigenous people and conservation or national park managers. This study aims to capture the extent to which the position and existence of Perda no. 4 of 2015 on the recognition of the customary rights of the moronene indigenous people of Hukaea Laea. This type of research is descriptive analysis with a qualitative approach, the research location is in Watu-Watu Village, Lantari Jaya District and Rawa Aopa Watumohai National Park, Bombana Regency and the data collection of this study is through direct interviews and deductive conclusions are drawn. Based on the results of this study, the forms of dehumanization of the Moronene Hukaea Laea indigenous people include: (1) In 1997 the Moronene Hukaea Laea indigenous people experienced intimidation by the universe broom group such as burning houses and land and in 2002 repeated home destruction and eviction ulayat areas by the government because the Moronene indigenous people are in conservation areas or national parks, the pretext of expulsion and arrest of customary leaders and indigenous peoples of Moronene Hukaea Laea has based on a negative stigma that the existence of indigenous peoples is a group that destroys ecosystems and ecology. (2) In 2015 the stipulation of Regional Regulation No. 4 of 2015 is not substantive because it only regulates the existence of indigenous peoples, not the absolute determination of territory by the Hukaea Laea indigenous people. This is indicated by the policy of the Minister of Forestry which concluded that based on the total population of the Hukaea Laea Indigenous Peoples, only 6,000 hectares could be controlled. Based on this policy, the local government shows inconsistency towards the indigenous Moronene Hukaea Laea after placing its position as a mediator between the Minister of Forestry, conservation area managers, and the Hukaea Laea Indigenous Community.

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.

scholarly journals The Land Rights of Indigenous Peoples: Revaluation of Papua Special Autonomy

2017 ◽  
Vol 3 (1) ◽  
pp. 77
Author(s):  
Eddy Pelupessy
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
Customary Law ◽  
Communal Land ◽  
National Legal System ◽  
Forest Law ◽  
Customary Rights ◽  
Mining Law ◽  
The Government ◽  
Indigenous Land

The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoples’ rights to land in various legal products is still ambivalent. The essence of protection of indigenous peoples’ rights to land is also clearly regulated in Act No. 21 of 2001 and Perdasus No. 23 of 2008 has put customary law community on ownership of communal land is not the object of development, especially in the field of investment. The customary right and indigenous land which is the property and become an authority on indigenous peoples must be recognized by the government and regional and national communities about its presence. Therefore, the government should strive to protect the customary right through regulation of the Ministry of Agrarian and Land Agency and other laws related to the issue of customary rights, customary lands, indigenous peoples and their authority.

scholarly journals Bentuk-Bentuk Kekuasaan dalam Pemanfaatan Tanah Ulayat di Kabupaten Kampar

2019 ◽  
Vol 17 (1) ◽  
pp. 39
Author(s):  
Wan Asrida ◽  
Raja Muhammad Amin ◽  
Auradian Marta
Keyword(s):  
Indigenous Peoples ◽  
Land Tenure ◽  
Phenomenological Approach ◽  
Customary Law ◽  
Added Value ◽  
Regional Government ◽  
Land Conflicts ◽  
Technical Data ◽  
Communal Land ◽  
The Government

This research attempts to analyze the forms of power in the utilization of communal land in Kampar Regency. The interests of indigenous peoples in terms of ulayat land tenure feel threatened by the existence of plantation corporations by bringing large investments which ultimately provide economic added value for the Government and Regional Government. This study uses qualitative research methods with a phenomenological approach. Data was obtained through interviews conducted with elements of the Kampar District Government, Lembaga Adat Kampar (LAK), the Archipelago Indigenous Peoples Alliance (AMAN) Kampar, and traditional leaders. Technical data analysis in this study was conducted interactively. The argument from this study shows that there are 2 (two) forms of power that influence the implementation of ulayat land use in Kampar Regency. The first is visible power, where the practice of power occurs in the formal sphere in the policy-making process of recognizing and protecting customary law communities in Kampar District. In addition, the practice of visible power is also evident from the interaction between actors in resolving communal land conflicts that occurred in Kampar District. While the second form of power in the utilization of communal land is hidden power. This hidden power practice is carried out by corporate actors who are suspected of taking over customary land by playing their power in licenses issued by the Government.

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