A Socio-Legal Analysis of the Conflict Between Indigenous Peoples’ Customary Land Rights and Investment Interests in National Development

This study examines the legal conflicts between indigenous peoples’ customary land rights and investment interests in Indonesia, focusing on constitutional protection, regulatory inconsistencies, and sustainable national development. Employing a normative juridical method supported by a socio-legal perspective, the research analyzes constitutional provisions, agrarian legislation, investment regulations, and relevant judicial decisions through statutory, conceptual, and case-based approaches. The findings reveal that despite constitutional recognition, customary land rights remain vulnerable to administrative barriers, overlapping territorial claims, regulatory fragmentation, and unequal power relations between indigenous communities and investment actors. Constitutional Court Decision Number 35/PUU-X/2012 and Ministerial Regulation Number 14 of 2024 provide important legal foundations for strengthening indigenous territorial recognition; however, their effectiveness depends on institutional coordination and accessible administrative procedures. The study proposes an integrated rights-based governance framework emphasizing customary land recognition, participatory territorial mapping, preventive legal protection, meaningful community consultation, and equitable benefit distribution. It contributes to the literature by integrating constitutional justice, legal pluralism, and investment governance into a coherent normative framework. The study concludes that sustainable national development requires balancing investment certainty with indigenous land tenure security through transparent, inclusive, and constitutionally accountable legal mechanisms.

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Publication Details

Journal
West Science Law and Human Rights
Published
2026-10-30
DOI
https://doi.org/10.58812/wslhr.v4i04.3199
Primary Topic
Indigenous Peoples' Rights and Law
Type
article
Field-Weighted Citation Impact
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article

A Socio-Legal Analysis of the Conflict Between Indigenous Peoples’ Customary Land Rights and Investment Interests in National Development

Rabith Madah Khulaili Harsya, Paramita Andiani, Tina Isnaeni
West Science Law and Human Rights
Indigenous Peoples' Rights and Law
article

A Socio-Legal Analysis of the Conflict Between Indigenous Peoples’ Customary Land Rights and Investment Interests in National Development

Rabith Madah Khulaili Harsya, Paramita Andiani, Tina Isnaeni
article en

Abstract

This study examines the legal conflicts between indigenous peoples’ customary land rights and investment interests in Indonesia, focusing on constitutional protection, regulatory inconsistencies, and sustainable national development. Employing a normative juridical method supported by a socio-legal perspective, the research analyzes constitutional provisions, agrarian legislation, investment regulations, and relevant judicial decisions through statutory, conceptual, and case-based approaches. The findings reveal that despite constitutional recognition, customary land rights remain vulnerable to administrative barriers, overlapping territorial claims, regulatory fragmentation, and unequal power relations between indigenous communities and investment actors. Constitutional Court Decision Number 35/PUU-X/2012 and Ministerial Regulation Number 14 of 2024 provide important legal foundations for strengthening indigenous territorial recognition; however, their effectiveness depends on institutional coordination and accessible administrative procedures. The study proposes an integrated rights-based governance framework emphasizing customary land recognition, participatory territorial mapping, preventive legal protection, meaningful community consultation, and equitable benefit distribution. It contributes to the literature by integrating constitutional justice, legal pluralism, and investment governance into a coherent normative framework. The study concludes that sustainable national development requires balancing investment certainty with indigenous land tenure security through transparent, inclusive, and constitutionally accountable legal mechanisms.

West Science Law and Human RightsVol. 4(04)
Nusa Putra University (ID), Universitas Islam Negeri Siber Syekh Nurjati Cirebon (ID)
Peace, justice, and strong institutions
Openalex Percentile: Top 3%
Indigenous Peoples' Rights and Law
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