Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities

(1) Faculty of Law Pattimura University, Ambon, Indonesia

Abstract
Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are the rights of Indigenous Peoples that have been managed and maintained for generations based on their local wisdom. Indigenous Peoples must be involved in investment activities through the involvement of Indigenous Peoples from the beginning of the planning stage to provide input and other involvement in share ownership of investment or business activities.
Purposes of the Research: This research was conducted with the aim of knowing and analyzing the form of fulfillment of the involvement of Indigenous Peoples in the implementation of investment activities.
Methods of the Research: The research conducted is normative. For this reason, the problem approaches used are: a statutory approach, a conceptual approach, and a human rights-based approach. The sources of legal materials used consist of primary legal materials and secondary legal materials. And then the legal materials are collected for inventory and used in the analysis of the problems raised.
Results of the Research: The fulfillment of the rights of Indigenous Peoples to customary territories and rights to manage natural resources in investment activities has not been fully realized. The government must ensure that the fulfillment of the rights of Indigenous Peoples in investment activities is accommodated and not violated in the preparation of laws and regulations. So that the legal certainty of the involvement of Indigenous Peoples in investment can be fulfilled, in the form of involvement from the planning stage to the implementation of the investment.Keywords
DOI
10.47268/sasi.v28i1.855
Published
2022-03-31
How To Cite
@article{SASI855, author = {Victor Sedubun}, title = {Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities}, journal = {SASI}, volume = {28}, number = {1}, year = {2022}, keywords = {Involvement; Indigenous People; Investment}, abstract = {Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are the rights of Indigenous Peoples that have been managed and maintained for generations based on their local wisdom. Indigenous Peoples must be involved in investment activities through the involvement of Indigenous Peoples from the beginning of the planning stage to provide input and other involvement in share ownership of investment or business activities.Purposes of the Research: This research was conducted with the aim of knowing and analyzing the form of fulfillment of the involvement of Indigenous Peoples in the implementation of investment activities.Methods of the Research: The research conducted is normative. For this reason, the problem approaches used are: a statutory approach, a conceptual approach, and a human rights-based approach. The sources of legal materials used consist of primary legal materials and secondary legal materials. And then the legal materials are collected for inventory and used in the analysis of the problems raised.Results of the Research: The fulfillment of the rights of Indigenous Peoples to customary territories and rights to manage natural resources in investment activities has not been fully realized. The government must ensure that the fulfillment of the rights of Indigenous Peoples in investment activities is accommodated and not violated in the preparation of laws and regulations. So that the legal certainty of the involvement of Indigenous Peoples in investment can be fulfilled, in the form of involvement from the planning stage to the implementation of the investment.}, issn = {2614-2961}, pages = {147--157} doi = {10.47268/sasi.v28i1.855}, url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/855} }
Book
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Thesis, Web Page, and Others
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Cited-By:
1. Legal Protection of Indigenous Peoples Over Natural Resources and Paradigm Shift of Traditional and Modern Values in South Sulawesi, Indonesia
Baso Madiong, Yulia, Almusawir, Azhar Fahri
Journal of Law and Sustainable Development vol: 11 issue: 9 first page: e458 year: 2023
Type: Journal [View Source]
2. Environmental Conservation Policy Model Based on the Protection of Indigenous Peoples in Indonesia
Ilham Aji Pangestu, Inas Sofia Latif, Chika Putri Nuralifa, Rommy Pratama
SASI vol: 29 issue: 1 first page: 96 year: 2023
Type: Journal [View Source]
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities |
2. | Creator | Author's name, affiliation, country | Victor Juzuf Sedubun; Faculty of Law Pattimura University, Ambon; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Involvement; Indigenous People; Investment |
4. | Description | Abstract | Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are the rights of Indigenous Peoples that have been managed and maintained for generations based on their local wisdom. Indigenous Peoples must be involved in investment activities through the involvement of Indigenous Peoples from the beginning of the planning stage to provide input and other involvement in share ownership of investment or business activities.Purposes of the Research: This research was conducted with the aim of knowing and analyzing the form of fulfillment of the involvement of Indigenous Peoples in the implementation of investment activities.Methods of the Research: The research conducted is normative. For this reason, the problem approaches used are: a statutory approach, a conceptual approach, and a human rights-based approach. The sources of legal materials used consist of primary legal materials and secondary legal materials. And then the legal materials are collected for inventory and used in the analysis of the problems raised.Results of the Research: The fulfillment of the rights of Indigenous Peoples to customary territories and rights to manage natural resources in investment activities has not been fully realized. The government must ensure that the fulfillment of the rights of Indigenous Peoples in investment activities is accommodated and not violated in the preparation of laws and regulations. So that the legal certainty of the involvement of Indigenous Peoples in investment can be fulfilled, in the form of involvement from the planning stage to the implementation of the investment. |
5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
6. | Contributor | Sponsor(s) | Faculty of Law Pattimura University, Ambon |
7. | Date | (YYYY-MM-DD) | 2022-03-31 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/855 |
10. | Identifier | Digital Object Identifier | 10.47268/sasi.v28i1.855 |
11. | Source | Title; vol., no. (year) | SASI; Volume 28 Issue 1, March 2022 |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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Copyright (c) 2022 Victor Juzuf Sedubun

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Cited-By:
1. Legal Protection of Indigenous Peoples Over Natural Resources and Paradigm Shift of Traditional and Modern Values in South Sulawesi, Indonesia
Baso Madiong, Yulia, Almusawir, Azhar Fahri
Journal of Law and Sustainable Development vol: 11 issue: 9 first page: e458 year: 2023
Type: Journal [View Source]
2. Environmental Conservation Policy Model Based on the Protection of Indigenous Peoples in Indonesia
Ilham Aji Pangestu, Inas Sofia Latif, Chika Putri Nuralifa, Rommy Pratama
SASI vol: 29 issue: 1 first page: 96 year: 2023
Type: Journal [View Source]