Legal Protection for the Rights of Indigenous Peoples in the Exemption of Land Rights, According to Indonesian Law

This study aims to analyze legal protection for indigenous peoples in the release of joint land rights according to positive law in Indonesia and to analyze the legal consequences of the release of joint land rights according to positive law in Indonesia. This study is a type of normative research using the Law approach, the conceptual approach, and the case approach. The results of this study are as follows: First, Legal protection for indigenous peoples in the release of joint land rights, as outlined in positive law in Indonesia, encompasses both preventive and repressive legal protection. Preventive legal protection means that the community can request compensation or compensation for the losses caused by the problem. Meanwhile, repressive legal protection is given to customary law communities, namely that customary law communities can file a complaint with the authorities if they customary law community feel disadvantaged. This is based on Article 53, paragraph (2) of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. Second, the legal consequences of the release of joint land rights according to the law in Indonesia, among others: Transfer of land rights, compensation, impact on the sustainability of customary rights, potential for disputes and resolution, and loss of access for customary law communities in terms of livelihoods.

Authors

Publication Details

Journal
International Journal of Multidisciplinary Research and Growth Evaluation
Published
2025-01-01
DOI
https://doi.org/10.54660/.ijmrge.2025.6.3.738-745
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Legal Protection for the Rights of Indigenous Peoples in the Exemption of Land Rights, According to Indonesian Law

Muhammad Arba, Muhaimin Muhaimin, Ahmad Yani
International Journal of Multidisciplinary Research and Growth Evaluation
Legal Studies and Policies
article

Legal Protection for the Rights of Indigenous Peoples in the Exemption of Land Rights, According to Indonesian Law

Muhammad Arba, Muhaimin Muhaimin, Ahmad Yani
article en

Abstract

This study aims to analyze legal protection for indigenous peoples in the release of joint land rights according to positive law in Indonesia and to analyze the legal consequences of the release of joint land rights according to positive law in Indonesia. This study is a type of normative research using the Law approach, the conceptual approach, and the case approach. The results of this study are as follows: First, Legal protection for indigenous peoples in the release of joint land rights, as outlined in positive law in Indonesia, encompasses both preventive and repressive legal protection. Preventive legal protection means that the community can request compensation or compensation for the losses caused by the problem. Meanwhile, repressive legal protection is given to customary law communities, namely that customary law communities can file a complaint with the authorities if they customary law community feel disadvantaged. This is based on Article 53, paragraph (2) of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. Second, the legal consequences of the release of joint land rights according to the law in Indonesia, among others: Transfer of land rights, compensation, impact on the sustainability of customary rights, potential for disputes and resolution, and loss of access for customary law communities in terms of livelihoods.

International Journal of Multidisciplinary Research and Growth EvaluationVol. 6(3)
Openalex Percentile: Top 82%
Legal Studies and Policies
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