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All Journal JURNAL ILMIAH HUKUM DIRGANTARA AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Tribuere
Nugraha, Riko
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Tribuere

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LANDREFORM DAN KETIMPANGAN AGRARIA: STUDI KASUS KONFLIK MASYARAKAT AWYU MELAWAN PERLUASAN PERKEBUNAN SAWIT DI PAPUA SELATAN Nugraha, Riko
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/

Abstract

This article examines the agrarian conflict between the Indigenous Awyu people in South Papua and PT Indo Asiana Lestari (IAL) within the framework of Indonesia’s land reform policy. The study highlights the weak protection of customary land rights (hak ulayat) and the violation of the Free, Prior, and Informed Consent (FPIC) principle during the granting of environmental permits and palm oil plantation concessions covering 36,000 hectares of Awyu customary forests. Using a normative juridical approach combined with case study analysis, this research reviews relevant agrarian, forestry, environmental, and Papua Special Autonomy laws. The findings reveal manipulative practices in Environmental Impact Assessment (AMDAL) documentation, overlapping institutional authorities, and the dominance of economic interests over the protection of Indigenous rights and environmental sustainability. This conflict reflects structural inequality in land reform implementation and indicates the urgent need for agrarian policy reform that positions Indigenous peoples as primary decision-makers, alongside strengthening oversight mechanisms to prevent future violations of customary land rights.
WARISAN TANAH AKIBAT  PERKAWINAN CAMPURAN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA Nugraha, Riko
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/

Abstract

This article examines the legal consequences of land ownership rights for heirs born from mixed marriages between Indonesian citizens and foreign nationals within the framework of Indonesia’s positive law. The study focuses on the issue of limited dual citizenship held by children from mixed marriages and its implications for inherited land ownership. According to the Basic Agrarian Law No. 5 of 1960, land ownership rights can only be held by Indonesian citizens; thus, a child who opts for foreign citizenship must relinquish such rights within a specified period. This research explores the overlap between agrarian law, citizenship law, and inheritance law, and compares it with Australia’s more flexible legal approach to foreign land ownership. Findings reveal that while Indonesia’s nationality-based land ownership restrictions aim to safeguard agrarian sovereignty, they may result in legal inequities for children of mixed marriages. The study recommends regulatory reform to provide legal certainty and protect inheritance rights without undermining the principle of nationalism.
Co-Authors M. Imam Nasef Niru Anita Sinaga Rido, Ali