Traditional Rights of “Ciptagelar” Indigenous Communities Post Recognition of the Ciletuh Sukabumi Geopark Area as a World Heritage

DOI

10.2991/978-2-38476-279-8_32How to use a DOI?

Keywords

Customary Rights; Customary Areas; Rule of Law

Abstract

In 2018, Ciletuh Palabuhanratu Geopark in Sukabumi Regency received global recognition from UNESCO. UNESCO Global Geoparks are defined as integrated geographic areas where international geological sites and landscapes are managed with a holistic protection approach. The presence of customary law communities in forest areas is closely tied to forest management, with Article 37 of the Forestry Law specifically addressing customary forests. According to the Constitutional Court Decision No. 35/PUU-X/2012, it is anticipated that conflicts over forest status between indigenous peoples, the state, or companies will be resolved. However, the Ciptagelar Kasepuhan community still faces overlapping legal issues. This study examines (1) how the communal land of the Ciptagelar community is managed within the Ciletuh Geopark area, and (2) the rights of the Ciptagelar customary community in this area. The research employs a combination of normative and empirical methods, utilizing a Statute Approach, Analytical and Conceptual Approach, Case Approach, and Perceptual Approach. The findings indicate that while many regional regulations in various provinces and municipalities recognize Indigenous Peoples, those carrying out traditional practices risk losing their land due to the general provisions of the Job Creation Law, which prioritizes investment facilitation. The assurance of customary rights to manage their areas remains unclear when government actions conflict with the principle of public interest. To date, there are no specific laws and regulations that provide comprehensive protection for indigenous peoples’ rights.

Copyright

© 2024 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.

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TY  - CONF
AU  - Endah Pertiwi
AU  - Nuchraha Alhuda Hasnda
AU  - Fitria Nurulaeni
PY  - 2024
DA  - 2024/08/30
TI  - Traditional Rights of “Ciptagelar” Indigenous Communities Post Recognition of the Ciletuh Sukabumi Geopark Area as a World Heritage
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 281
EP  - 294
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_32
DO  - 10.2991/978-2-38476-279-8_32
ID  - Pertiwi2024
ER  -