Legal Study on Customary Land Business Agreements by Companies and Indigenous Peoples

DOI

10.2991/978-2-38476-164-7_17How to use a DOI?

Keywords

business agreement; customary land; indigenous peoples

Abstract

The issuance of Government Regulation 18 of 2021 is a renewal in exploitation of indigenous peoples land for company businesses. However, the presence of this government regulation raises a problem, because the national land law does not stipulate that corporate use rights can be cultivated on land with management rights because customary law community land is not regulated as management rights. This study aims to identify and analyze the process of ulayat land concession agreements by companies and the status of ulayat lands if the agreement between the company and customary law communities related to ulayat land concessions has ended. This study uses a normative juridical method, namely the data source used is secondary data, obtained from official documents, books, other written reports, as well as dictionaries and encyclopedias. Research data will be analyzed using descriptive analysis method. The results of this study, that the land use agreement process begins with an agreement related to compensation, the business period of the land that will be used by the company’s business then submits an application to the local Land Office regarding management rights by customary law communities and cultivation rights by companies, while the status of customary land after When the agreement expires, the land with management rights on which the company’s Cultivation Right on Landapply will return to being the customary land of the customary law community again.

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)

TY  - CONF
AU  - Iga Gangga Santi Dewi
AU  - Made Wiryani
AU  - Yuli Prasetyo Adhi
AU  - Agung Basuki Prasetyo
PY  - 2023
DA  - 2023/12/21
TI  - Legal Study on Customary Land Business Agreements by Companies and Indigenous Peoples
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 174
EP  - 183
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_17
DO  - 10.2991/978-2-38476-164-7_17
ID  - Dewi2023
ER  -