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Nadhifa Dliya Sambodo
Universitas Pancasila
Law, Crime, Criminology & Criminal Justice

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Legal Protection of the Rights of the Maba Sangaji Customary Law Community over Its Traditional Territory in the Expansion of Nickel Mining in East Halmahera Dewi Kirei Novianty; Nadhifa Dliya Sambodo; Nahira Malik; Zahra Shafira; Agung Iriantoro
DE'RECHTSSTAAT Vol. 12 No. 2 (2026): JURNAL HUKUM DE' RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v12i2.23241

Abstract

Analyzes legal protection of rights of the Maba Sangaji indigenous community over their customary management areas amid the expansion of nickel mining in East Halmahera. A normative juridical method with regulatory, conceptual, also case study approach. Recognition of indigenous peoples' rights has been affirmed in 1945 Constitution also Constitutional Court decisions, sectoral legal framework in the mining sector still places mining business permits as the dominant instrument that weakens the recognition of customary territories. FPIC has been normatively recognized, but the absence of binding operational guidelines has resulted in its formalistic and ineffective implementation. This study emphasizes the need for harmonization of sectoral regulations and strengthening of FPIC mechanisms based on positive law to ensure constitutional protection and the human rights of the Maba Sangaji indigenous community.
Co-Authors Agung Iriantoro Dewi Kirei Novianty Nahira Malik Zahra Shafira