Legal Status of Indigenous Land Rights in Indonesia’s Mining Investment Policy
- 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.
Cite this article
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 -