Jambe Law Journal
Vol. 6 No. 2 (2023)

Returning the Stolen Land (The Current Settlement of the Senamanenek Kampar Indigenous People with PT. Perkebunan Nusantara V)

Firdaus, Firdaus (Unknown)
Hendra, Rahmad (Unknown)
Samariadi, Samariadi (Unknown)
Firmanda, Hengki (Unknown)



Article Info

Publish Date
19 Dec 2023

Abstract

Conflicts over land between Senamanenek Indigenous Peoples of Kampar Regency and PT. Perkebunan Nusantara V has occurred since the early 1990. While national legislation acknowledges adat (customary) as a legitimate basis for rights, the current legal framework presents significant hurdles for communities seeking to assert their land claims based on adat rights. As an empirical legal research, this study tries to propose a new dispute resolution model to deal with the problem. This research found that government intervention as the owner of State-Owned Company capital determines the resolution of customary land disputes such as the PTPN V and Senamanenek Indigenous Peoples disputes. The settlement was carried out after receiving a presidential order and the United Indonesia Cabinet Limited Meeting results by returning the land and its contents from the PTPN V to the government. Then, the government hands over to individual Senamanenek Indigenous Peoples members who are issued certificates of ownership through the TORA mechanism.

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Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jambe Law Journal is a peer-reviewed journal published by the Faculty of Law Jambi University twice a year in May and November. It aims primarily to facilitate professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning ...