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All Journal Bestuur Hasanuddin Law Review
Mohammad Jamin
Faculty of Law, Universitas Sebelas Maret, Surakarta
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Legal Protection of Indigenous Community in Protected Forest Areas Based Forest City Mohammad Jamin; Abdul Kadir Jaelani; Duc Quang Ly; Kerry Gershaneck
BESTUUR Vol 10, No 2 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i2.66090

Abstract

Indonesia has established regulations regarding the location of the National Capital. However, the important question is whether the Law is effective and whether the transfer of the National Capital has provided legal protection for indigenous peoples in the area designated as the National Capital. This study aims to analyze the protection of customary law communities in urban forest-based protected forest areas. This research is normative legal research, which uses secondary data with primary, secondary, and tertiary legal materials. The study results show that the state must finalize the Law on the State Capital, which also regulates the legal protection of Indigenous Peoples as a lex specialis provision. The Law on the State Capital must formulate norms that automatically guarantee the determination of the legal status of indigenous and tribal peoples.
The Impact of Indonesia's Mining Industry Regulation on the Protection of Indigenous Peoples Mohammad Jamin; Abdul Kadir Jaelani; Mulyanto Mulyanto; Reza Octavia Kusumaningtyas; Duc Quang Ly
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4033

Abstract

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. There is a need to improve mining management legislation and systems. Standardization of reclamation and post-mining management is required to provide implementation guidelines that meet the needs of the community. It has no negative impact on the community surrounding the mine. Licensing is one policy that can be used to implement standardization, which means keeping an eye on how the land is managed after mining, how waste is handled, and how policies are made to encourage mining and conservation activities that are good for the environment.
Co-Authors Abdul Kadir Jaelani Duc Quang Ly Duc Quang Ly Kerry Gershaneck Mulyanto Mulyanto Reza Octavia Kusumaningtyas