Indigenous Peoples' Rights in Development of the National Capital City: Between Fulfillment and Violation

An ambitious project that aims to distribute government and economic centers more evenly in Indonesia. However, this development process faces significant challenges, one of which is related to its impact on indigenous communities inhabiting the area. This study identifies and analyzes the main problems that arise due to the development of the IKN, especially in terms of the existence and potential of indigenous peoples' rights. The research method used is normative legal research with a legislative and conceptual approach. The results of the study indicate that the rights of indigenous peoples that have been guaranteed by international and national legal instruments have been violated due to the development of the IKN. This is due to the minimal participation of Indigenous peoples in decision-making and the failure to fulfill the rights of Indigenous peoples in the IKN area, such as land rights and control of customary land, original rights, rights to develop and preserve customs, rights to recognition and protection of Indigenous peoples, and other rights. Amid the ongoing IKN development process, the government needs to take steps to restore and protect the rights of indigenous peoples. This research is expected to be part of that reference.

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Publication Details

Journal
Lex journal kajian hukum dan keadilan
Published
2024-08-25
DOI
https://doi.org/10.25139/lex.v8i1.8798
Primary Topic
Mining and Resource Management
Type
article
Field-Weighted Citation Impact
0.00
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article

Indigenous Peoples' Rights in Development of the National Capital City: Between Fulfillment and Violation

Ilham Dwi Rafiqi, Christine E. Anderson, Narayana Maha Gotra
Lex journal kajian hukum dan keadilan
Mining and Resource Management
article

Indigenous Peoples' Rights in Development of the National Capital City: Between Fulfillment and Violation

Ilham Dwi Rafiqi, Christine E. Anderson, Narayana Maha Gotra
article en

Abstract

An ambitious project that aims to distribute government and economic centers more evenly in Indonesia. However, this development process faces significant challenges, one of which is related to its impact on indigenous communities inhabiting the area. This study identifies and analyzes the main problems that arise due to the development of the IKN, especially in terms of the existence and potential of indigenous peoples' rights. The research method used is normative legal research with a legislative and conceptual approach. The results of the study indicate that the rights of indigenous peoples that have been guaranteed by international and national legal instruments have been violated due to the development of the IKN. This is due to the minimal participation of Indigenous peoples in decision-making and the failure to fulfill the rights of Indigenous peoples in the IKN area, such as land rights and control of customary land, original rights, rights to develop and preserve customs, rights to recognition and protection of Indigenous peoples, and other rights. Amid the ongoing IKN development process, the government needs to take steps to restore and protect the rights of indigenous peoples. This research is expected to be part of that reference.

Lex journal kajian hukum dan keadilanVol. 8(1)
Landesarchiv (DE), Universitas Hang Tuah (ID)
Openalex Percentile: Top 68%
Mining and Resource Management
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Indigenous Peoples' Rights in Development of the National Capital City: Between Fulfillment and Violation — Ilham Dwi Rafiqi, Christine E. Anderson, et al. · Lex journal kajian hukum dan keadilan (2024) | TGRS Research Map | TGRS