Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

<Previous Article In Volume
Next Article In Volume>

Legal Status of Indigenous Land Rights in Indonesia’s Mining Investment Policy

Authors
Ismail Rumadan1, *, Ummu Salamah1
1Faculty of Law, National University, Jakarta, Indonesia
*Corresponding author. Email: ismailrdhan@gmail.com
Corresponding Author
Ismail Rumadan
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_94How to use a DOI?
Keywords
Indigenous peoples; indigenous land rights; mining investment
Abstract

Investment policies in the mining sector in Indonesia always give birth to conflicts between community members and mining companies. The conflict is generally related to the control of land or land of indigenous peoples designated for mining areas. Conflicts occur due to the control of customary land by mining companies without regard to local indigenous peoples’ rights to their ancestral lands. One of the fundamental problems of the conflict between indigenous peoples and mining companies is the weak status of ownership of customary land rights claimed by indigenous peoples, so it is very difficult for indigenous peoples to claim losses of customary land rights intended for mining exploration. The legal status of customary land rights does not have strong legitimacy due to the conditional provisions on the requirement of the 1945 Constitution regarding the presence of indigenous peoples and the Agrarian Law which are oriented towards the public interest when mining investments are put into practice in Indonesia.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

<Previous Article In Volume
Next Article In Volume>
Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_94
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_94How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Ismail Rumadan
AU  - Ummu Salamah
PY  - 2023
DA  - 2023/12/31
TI  - Legal Status of Indigenous Land Rights in Indonesia’s Mining Investment Policy
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 900
EP  - 911
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_94
DO  - 10.2991/978-2-38476-180-7_94
ID  - Rumadan2023
ER  -