Legal Certainty and Protection of Indigenous Peoples' Land Rights Ownership on Land from Coastal Reclamation Based on Indonesian Positive Law

This research aims to analyze the issue of legal certainty and the protection of indigenous peoples' land rights and ownership of reclaimed coastal land in Indonesia's positive legal system. Although the 1945 Constitution and the Basic Agrarian Law (UUPA) have recognized the existence of indigenous peoples and their customary rights, legal reality shows that reclaimed land is often not included in the recognition area. Coastal reclamation carried out by the state or corporations usually ignores the participation of indigenous peoples, resulting in agrarian conflicts and legal uncertainty. Through a normative juridical approach and the concepts of legal certainty theory and legal protection theory, this research concludes that participatory and fair policy reformulation and administrative mechanisms are needed, so that the rights of indigenous peoples are not marginalized in the process of coastal development, especially in coastal reclamation.

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Publication Details

Journal
Lex journal kajian hukum dan keadilan
Published
2025-06-24
DOI
https://doi.org/10.25139/lex.v9i2.10585
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Certainty and Protection of Indigenous Peoples' Land Rights Ownership on Land from Coastal Reclamation Based on Indonesian Positive Law

Hilman Syahrial Haq
Lex journal kajian hukum dan keadilan
Legal Studies and Policies
article

Legal Certainty and Protection of Indigenous Peoples' Land Rights Ownership on Land from Coastal Reclamation Based on Indonesian Positive Law

Hilman Syahrial Haq
article en

Abstract

This research aims to analyze the issue of legal certainty and the protection of indigenous peoples' land rights and ownership of reclaimed coastal land in Indonesia's positive legal system. Although the 1945 Constitution and the Basic Agrarian Law (UUPA) have recognized the existence of indigenous peoples and their customary rights, legal reality shows that reclaimed land is often not included in the recognition area. Coastal reclamation carried out by the state or corporations usually ignores the participation of indigenous peoples, resulting in agrarian conflicts and legal uncertainty. Through a normative juridical approach and the concepts of legal certainty theory and legal protection theory, this research concludes that participatory and fair policy reformulation and administrative mechanisms are needed, so that the rights of indigenous peoples are not marginalized in the process of coastal development, especially in coastal reclamation.

Lex journal kajian hukum dan keadilanVol. 9(2)
University of Muhammadiyah Mataram (ID)
Openalex Percentile: Top 56%
Legal Studies and Policies
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Legal Certainty and Protection of Indigenous Peoples' Land Rights Ownership on Land from Coastal Reclamation Based on Indonesian Positive Law — Hilman Syahrial Haq · Lex journal kajian hukum dan keadilan (2025) | TGRS Research Map | TGRS