Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Implikasi Pembangunan IKN terhadap Hak Ulayat Masyarakat Adat di Kalimantan: Perspektif Hukum Agraria

Indrie Koriawaty futri (Unknown)



Article Info

Publish Date
11 Jun 2025

Abstract

From an agrarian law perspective, this study examines how the development of the National Capital City (IKN) has affected the traditional rights of indigenous peoples in Kalimantan. Legal regulations related to the traditional rights of indigenous peoples, the impact of IKN development on the sustainability of traditional rights, and the effectiveness of legal protection for the traditional rights of indigenous peoples are the three main issues highlighted by the normative research methodology in this study, which combines a legislative approach with case analysis. The results of the study show that there are still major obstacles to the implementation of customary rights, even though these rights have been constitutionally recognised in the 1945 Constitution and the Basic Agrarian Law. There is a division in the recognition of customary rights due to the political nature of the IKN Law and the lack of involvement of indigenous peoples in policy formulation. A number of indigenous groups, including the Balik tribe and the Kutai Kartanegara Sultanate, have filed conflicting claims over the 257,142 hectares of IKN as a result of its development. These two groups not only question the legitimacy of ownership rights, but also threaten long-standing economic, social and cultural norms. The incomplete inventory process and the fourteen-year delay in the ratification of the Indigenous Peoples Bill indicate that the effectiveness of legal protection of indigenous rights is still inadequate. This study recommends strengthening regulations through the ratification of the Indigenous Peoples Bill, intensifying coordination between ministries, and implementing alternative dispute resolution mechanisms through indigenous arbitration and restorative justice.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...