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Rita Alfiana
Faculty of Law, Esa Unggul University, Jakarta, Indonesia
Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Mathematics Physics

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Conflicts over Customary Rights of Indigenous Communities in The National Capital City Development Project Nina Sri Mulyani; Rita Alfiana
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.346

Abstract

This study examines agrarian conflicts in the development of the Indonesian National Capital (IKN) in East Kalimantan, with a focus on the customary rights of indigenous peoples. Normatively, Article 18B paragraph (2) of the 1945 Constitution and Article 3 of the UUPA have provided recognition to indigenous peoples and their customary rights. However, the implementation of this recognition has not been effective. Dependence on administrative recognition through Regional Regulations (Perda), lengthy mechanisms for proving customary rights, and the paradigm of accelerated development have led to marginalization, loss of living space, and legal uncertainty. This study uses normative legal methods with a statutory, conceptual, and case approach and is analyzed through the Theory of Recognition and the Theory of Development Law. The results indicate that although the national legal framework has regulated customary rights, the practice of IKN development still places these rights as administratively conditional rights. The absence of a Perda recognizing customary communities means that customary land that has not been formally designated is treated as state land. AMAN data from 2025 recorded 110 agrarian conflicts, including the Balik Sepaku, Balik Pemaluan, and Paser Maridan cases, demonstrating the disharmony between legal norms and their implementation. Therefore, a structural and paradigmatic transformation of agrarian law is needed through the ratification of the Customary Law Communities Law, accelerated regional regulation formation, and participatory mapping of customary territories.
Legal Analysis of Land Redistribution Policy and Protection of The Rights of Indigenous Communities Syria-Ria Province of North Sumatra Stefany Oktaviana; Rita Alfiana
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.348

Abstract

Inequality in land ownership remains a pressing agrarian issue in Indonesia, particularly for indigenous communities whose territories frequently clash with state claims. Land redistribution policies, as part of the agrarian reform agenda, are intended to achieve justice and equal access to land. However, their implementation often faces structural obstacles, particularly in areas with customary rights. This study analyzes the implementation of land redistribution policies and the protection of the rights of the Siria-Ria indigenous community in North Sumatra Province through a normative juridical approach referring to laws and regulations, doctrines, and empirical data. The study findings indicate that the implementation of land redistribution in Siria-Ria Village still does not provide legal certainty due to disharmony between Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA) and Law Number 41 of 1999 concerning Forestry (Forestry Law), resulting in overlapping authority between the ATR/BPN and the Ministry of Environment and Forestry. The determination of forest areas through Decree of the Minister of Forestry No. 579/Menhut-II/2014 and the establishment of the food estate program through Decree of the Minister of Environment and Forestry No. 448/2020 and Presidential Decree No. 131 of 2024 have reduced the living space of indigenous peoples and ignored the principle of protecting customary rights as guaranteed in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia (UUD 1945), Constitutional Court Decision No. 35/PUU-X/2012, and the principle of free, prior, and informed consent (FPIC). Thus, the state needs to harmonize regulations, formally determine customary areas, and implement stronger legal protection so that land redistribution policies can truly realize agrarian justice for the indigenous people of Syria-Ria.
Co-Authors Nina Sri Mulyani Stefany Oktaviana