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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
A.Zeranica PF
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Law, Crime, Criminology & Criminal Justice

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Law and Historical Review of Land and Customary Laws Asep Hermawan; A.Zeranica PF; Raziq Fakhrullah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The 1945 Constitution of the Republic of Indonesiarecognizes and guarantees the rights of indigenous peoplesand the continuation of their traditional life. Thisrecognition is reflected in Article 18B paragraph (2) of the1945 Constitution of the Republic of Indonesia, which hasimplications for safeguarding the rights of indigenouspeoples, including the agrarian rights they manage. Afterthe issuance of the Job Creation Law, its implementation haslimited and weakened the rights of indigenous peoples inmanaging their customary territories. This research wascompiled using a normative juridical method with alegislative approach and an analytical approach. The mainlegal materials studied are Law Number 6 of 2023 and LawNumber 5 of 1960. The results of the study indicate that theimpact of the implementation of the Job Creation Law on thecontinuity of indigenous peoples' rights is very large. Thislaw weakens customary rights regulated by the UUPA andother laws. One of the intended weakening efforts is theelimination of minimum forest area provisions and efforts tosimplify permits that do not require the participation ofindigenous peoples.
Co-Authors ASEP HERMAWAN Raziq Fakhrullah