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Yanuar Nurfaiz
Universitas Negeri Jakarta, Jakarta, Indonesia

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Urgensi Legislasi RUU Masyarakat Hukum Adat dalam Proteksi Hak Ulayat Habib Rizieq Ramadhan; Yanuar Nurfaiz; Vincent Nouval Theo; Abd Aziz Tambunan
Kertha Wicaksana Vol 20 No 2 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.20.2.2026.79-85

Abstract

Indigenous peoples' territorial rights in Indonesia remain seriously threatened despite constitutional guarantees under Article 18B(2) and Article 28I(3) of the 1945 Constitution and Constitutional Court Decision No. 35/PUU-X/2012. The Aliansi Masyarakat Adat Nusantara recorded 135 cases of territorial dispossession affecting 3.8 million hectares across 109 communities in 2025, driven by mining, plantation, and national strategic project concessions. Prior studies have not systematically constructed the normative architecture needed within the Draft Law on Indigenous Peoples to protect customary territorial rights from corporate concession expansion. This study aims to analyze the legislative urgency of the Draft Law on Indigenous Peoples in providing normative protection for customary rights, while formulating the protective mechanisms that should be embedded within it. This study applies normative legal research through conceptual and statutory approaches, grounded in legal pluralism and ecological justice theories. The findings identify three structural normative vacuums that produce asymmetric legal recognition between indigenous communities and corporations. Analysis of the draft reveals four critical weaknesses: the absence of FPIC integration into the national licensing system, the dominance of a conditional recognition paradigm, the lack of a concession moratorium clause, and the absence of a restitution mechanism. This study proposes four normative pillars as the minimum architecture for the Draft Law on Indigenous Peoples to function as an effective legal shield for indigenous communities against corporate concession expansion.