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

Victor Juzuf Sedubun

doi:10.47268/sasi.v28i1.855

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

Victor Juzuf Sedubun⁽¹⁾

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

Corresponding Author

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

Involvement; Indigenous People; Investment

DOI

10.47268/sasi.v28i1.855

Published

2022-03-31

How To Cite

APA: Sedubun, V.J. (2022). Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities. SASI, 28(1), 147-157. DOI: https://doi.org/10.47268/sasi.v28i1.855.

IEEE: V.J. Sedubun, "Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities", SASI, vol. 28, no. 1, pp. 147-157, Mar. 2022. Accessed on: Apr. 25, 2024. [Online]. Available DOI: https://doi.org/10.47268/sasi.v28i1.855

Harvard: Sedubun, V.J., (2022). "Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities". SASI, Volume 28(1), pp. 147-157. [Online]. Available DOI: https://doi.org/10.47268/sasi.v28i1.855 (Accessed on: 25 April 2024)

Chicago: Sedubun, Victor Juzuf. "Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities." SASI 28, no. 1 (March 31, 2022): 147-157. Accessed April 25, 2024. doi:10.47268/sasi.v28i1.855

Vancouver: Sedubun VJ. Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities. SASI [Internet]. 2022 Mar 31 [cited 2024 Apr 25];28(1):147-157. Available from: https://doi.org/10.47268/sasi.v28i1.855

MLA 8th: Sedubun, Victor Juzuf. "Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities." SASI, vol. 28, no. 1, 31 Mar. 2022, pp. 147-157, doi:10.47268/sasi.v28i1.855. Accessed 25 Apr. 2024.

BibTeX:

@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}
		}

RefWorks:

Citation format: Download Citation:

Book

Fuady, Munir. Dinamika Teori Hukum. Bogor: Ghalia Indonesia, 2010.

Marzuki, Peter Mahmud. Penelitian Hukum,. Jakarta: Kencana, 2016.

Muhtaj, Majda El. Dimensi-Dimensi HAM Mengurai Hak Ekonomi Sosial Budaya. Jakarta: Raja Grafindo Persada, 2008.

Nurjaya, I Nyoman. Pengelolaan Sumber Daya Alam Dalam Perspektif Antropologi Hukum. Jakarta: Prestasi Pustaka, 2008.

Rahardjo, Satjipto. Penegakan Hukum Suatu Tinjauan Sosiologis. Jakarta: Genta Publishing, 2009.

Rawls, John. Theory of Justice: Teori Keadilan. Translated by Uzair Fausan and Heru Prasetyo. Jakarta: Pustaka Pelajar, 2011.

Titahelu, R Z. Aneka Masalah Masyarakat Hukum Adat Dalam Pembangunan. Yogyakarta: Deepublish, 2014.

Vollenhouven, Cornelius van. De Indonesier En Zijn Ground. Translated by Sekolah Tinggi Pertanahan Nasional, HuMa, and Sayogo Institut. STPN, HuMa, Sayogo Institut, 1919.

Thesis, Web Page, and Others

Harini, Sri. "Hukum Agraria." Fakultas Hukum Universitas Kristen Satya Wacana, 2005.

PBB. United Nations Declaration On The Rights of Indigenous Peoples (Deklarasi Perserikatan Bangsa-Bangsa Tentang Hak-Hak Masyarakat Adat). Translated by Sem Karoba. Jakarta: Ndugu-Ndugu Research & Publishing Foundation, Galangpress, 2007.

Full Text: PDF

Article Metrics

Abstract View grafik

: 1018 times
PDF icon PDF

Download : 377 times

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]