scholarly journals PERLINDUNGAN MASYARAKAT HUKUM ADAT DI WILAYAH PESISIR PASCA BERLAKUNYA UU NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

2021 ◽  
pp. 52-73
Author(s):  
Mohammad Zamroni ◽  
Rachman Maulana Kafrawi
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Job Creation ◽  
Coastal Areas ◽  
Customary Law ◽  
Small Island ◽  
Small Islands ◽  
Indigenous Law ◽  
The People ◽  
The Republic

Indonesia as an archipelagic country consisting of large and small islands separated by the ocean with geographical conditions has a total area of ​​7,827,087 Km2 and is located in Equatorial emeralds have a wealth of abundant natural resources, especially in the sea ​​and coastal areas which cover of the territory of Indonesia (5.8 million Km2). Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the constitutional basis for recognition and protection the rights of indigenous peoples in coastal areas and small islands. Resource wealth nature in the form of coastal areas and small islands controlled and managed by the state tothe greatest prosperity of the people. State recognition of the existence of the legal community customs related to natural resources are inconsistent. The formulation of the problem from this research is (1) The legal construction of the Job Creation Law on the protection of customary law communities in the territory coast. (2) Implications of the Job Creation Law on the protection of customary law communities in the region coast. The research method in this writing is normative juridical. In summary, the result of In this research, the desired law is a law that provides protection against community members including customary law communities in coastal areas and islands small island, then an impartial legal instrument in the recognition of existence Indigenous Law Communities, for example in the Job Creation Law, which has not been in favor of Protection of Indigenous Peoples in Coastal Areas and Small Islands.

scholarly journals Protection of the rights of indigenous people in the archipelagic province in planning on management of coastal areas and small islands post of Law Number 11 of 2020 concerning job creation

2021 ◽  
Vol 890 (1) ◽  
pp. 012071
Author(s):  
S B Sinay ◽  
I N Nurjaya ◽  
I Koeswahyono ◽  
M A Safaat
Keyword(s):  
Indigenous People ◽  
Job Creation ◽  
Coastal Areas ◽  
Customary Law ◽  
Small Island ◽  
Legislative Process ◽  
Coastal Resources ◽  
Small Islands ◽  
Management Area ◽  
Legal Subjects

Abstract The inconsistency of the state’s commitment to the protection of the archipelago’s indigenous people in the management of coastal areas and small islands has become more apparent since the passage of Law Number 11 of 2020 concerning Job Creation. This research is normative legal research that analyzes the synchronization of legislation relating to the management of coastal resources and small islands that are responsive to the protection of indigenous people. The results show that (1) Recognition of indigenous people according to the Job Creation Law is placed on government legal politics in accordance with the provisions of the applicable legislation, showing the incompleteness of norms, which has implications for the weak position of indigenous people in managing coastal resources without recognition/determination as legal subjects. (2) Indigenous people who have received recognition/determination from the local government have the privilege of including the management area as part of the RZ WP3K and managing coastal resources and small islands in accordance with customary law, as long as it does not conflict with the applicable laws. As a result, the research’s recommendations are as follows: (1) Policy advocacy, encouraging acceleration of the legislative process for the Draft Law on Indigenous People and the Draft Law on Archipelagic Regions; and (2) Empowerment, support for capacity building of indigenous people to be critical and innovative in sustainable coastal and small island management through community development.

scholarly journals Legal Development of Coastal Marine Management Based on the Idea of Pancasila

2018 ◽  
Vol 4 (1) ◽  
pp. 113
Author(s):  
Jantje Tjiptabudy
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Marine Management ◽  
Positive Law ◽  
Coastal Marine ◽  
The Republic ◽  
The Government ◽  
Marine Areas

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

scholarly journals PEMBANGUNAN WILAYAH PESISIR DAN LAUTAN DALAM PERSPEKTIF NEGARA KEPULAUAN REPUBLIK INDONESIA

2013 ◽  
Vol 1 (2) ◽  
pp. 92 ◽  
Author(s):  
Ridwan Lasabuda
Keyword(s):  
Natural Resources ◽  
Continental Shelf ◽  
Regional Development ◽  
Coastal Areas ◽  
Environmental Services ◽  
Small Islands ◽  
Indonesian Archipelago ◽  
Large Potential ◽  
The World ◽  
The Republic

PEMBANGUNAN WILAYAH PESISIR DAN LAUTAN DALAM PERSPEKTIF NEGARA KEPULAUAN REPUBLIK INDONESIA Regional Development in Coastal and Ocean in Archipelago Perspective of The Republic of Indonesia Ridwan Lasabuda1     ABSTRACT   Indonesian as an archipelagic state has been recognized internationally (UNCLOS 1982), later ratified by Act 17 of 1985. Under UNCLOS 1982, the total maritime area of Indonesia is 5.9 million km2, consisting of 3.2 million km2 of territorial waters and 2.7 km2 of Economic Exclusive Zone (Zone Ekonomi Ekslusif), not including the continental shelf. This makes Indonesia as the largest archipelagic state in the world. However, the development of marine and fisheries for this is still far from expectations, while large potential of natural resources and environmental services are relatively unexploited in coastal areas, small islands and ocean in Indonesian archipelago.   Keywords : coastal and ocean, development, Indonesian, archipelago     ABSTRAK Sebagai negara kepulauan, Indonesia telah diakui dunia secara internasional (UNCLOS 1982) yang kemudian diratifikasi oleh Indonesia dengan Undang-Undang No.17 Tahun 1985. Berdasarkan UNCLOS 1982, total luas wilayah laut Indonesia seluas 5,9 juta km2, terdiri atas 3,2 juta km2 perairan teritorial dan 2,7 km2 perairan Zona Ekonomi Eksklusif, luas tersebut belum termasuk landas kontinen. Hal ini menjadikan Indonesia sebagai negara kepulauan terbesar di dunia. Namun demikian, pembangunan bidang kelautan dan perikanan hingga saat ini masih jauh dari harapan. Padahal wilayah pesisir dan pulau-pulau kecil dan lautan kepulauan Indonesia disimpan potensi sumber daya alam dan jasa lingkungan yang sangat besar dan belum dimanfaatkan secara optimal.   Kata kunci : pesisir dan laut, pembangunan, Indonesia, kepulauan         1 Laboratorium Pengelolaan Wilayah Pesisir Terpadu, FPIK UNSRAT

Constitutional Incorporation of the (Collective) Freedom to Govern Mineral Wealth: Comparing the Democratic Republic of the Congo and the Republic of Zambia

2020 ◽  
Vol 28 (1) ◽  
pp. 1-29
Author(s):  
Alexandra Carleton
Keyword(s):  
Natural Resources ◽  
Democratic Republic ◽  
Mineral Wealth ◽  
The People ◽  
Republic Of The Congo ◽  
The Republic

Constitutionalism may be gaining ascendancy in many countries in Africa. Yet thorough investigation of the extent to which current constitutions accord to the people their internationally recognised right to governance of their mineral wealth under Article 1(2) of the ICCPR has been lacking. Understanding the existing framework of rights which may support claims to land and natural resources is important. Constitutions of the Democratic Republic of the Congo and the Republic of Zambia demonstrate the reality of multiple, overlapping land interests and the limitations upon a people's claim to freely govern their mineral wealth.

scholarly journals Penyelesaian Sengketa Perbatasan Darat di Segmen Bidjael Sunan – Oben antara Indonesia dan Timor Leste

2020 ◽  
Vol 5 (2) ◽  
pp. 252
Author(s):  
Dewa Gede Sudika Mangku
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
East Timor ◽  
Customary Law ◽  
Normative Study ◽  
Law System ◽  
The People ◽  
Boundary Disputes ◽  
Timor Leste ◽  
West Timor

This study aims to analyze the settlement of land border disputes in the Sunan-Oben Bidjael Segment between Indonesia and Timor Leste based on international law. This research is a normative study that uses a statutory editor. The results of this study indicate that both Indonesia and Timor Leste have formed a Joint Border Committee as a forum for resolving land boundary disputes which was then continued to form the Technical Sub-Committee on Border Demarcation and Regulation (TSC - BDR) which has agreed to use the Convention for the Demarcation of Portuguese and Dutch Dominions on the Island of Timor 1904 (Treaty 1904) and Permanent Court of Arbitration 1914 (PCA 1914) as the legal basis for determining and confirming land boundaries between Indonesia and Timor Leste. Based on the 2005 Provisional Agreement Article 6 point (b), which implies that local communities, in this case, indigenous peoples / traditional leaders at the borders are given space to be involved in the dispute resolution process that occurs on the border of the two countries by promoting peaceful and non-violent methods in accordance with Article 8 Provisional Agreement 2005. Whereas the people who inhabit West Timor (Indonesia) and the people who live in East Timor (Timor Leste) have the same socio-cultural background, so it can be ascertained that the customary law system that applies in these two groups of people the same. The substance of the customary law can regulate land issues, as well as the boundaries of customary territories, the potential for customary leaders to actually play a negotiating role to resolve these problems.

Case Note: The interface between customary rights and environmental legislation: Lessons from Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (SCA) 2018

2020 ◽  
Vol 26 ◽  
pp. 134-160
Author(s):  
Alexander Paterson
Keyword(s):  
South Africa ◽  
Natural Resources ◽  
Protected Area ◽  
Marine Protected Area ◽  
Customary Law ◽  
Constitutional Court ◽  
Eastern Cape ◽  
Customary Rights ◽  
The Republic ◽  
Law And Legislation

The Constitution of the Republic of South Africa, 1996, recognises customary law as an independent and original source of law, subject to the Constitution itself and legislation that specifically deals with customary law. As recognised by the Constitutional Court in Alexkor Ltd vs the Richtersveld Community (2004), customary law, as an independent source of law, may give rise to rights including rights to access and use natural resources. Rights to access and use natural resources are often comprehensively regulated by legislation. Conflicts between customary law and legislation relevant to natural resources may arise, as evidenced in the case of Mr Gongqose, who along with several other community members were caught fishing in the Dwesa-Cwebe Marine Protected Area situated off the Eastern Cape coastline. Notwithstanding their claims to be exercising their customary rights to fish in the area, they were convicted in the Magistrate’s Court for certain offences in terms of the Marine Living Resources Act (1998), under which the marine protected area had been established. Their appeal to the High Court proved unsuccessful and the Supreme Court of Appeal was tasked with considering the relationship between their customary rights to fish and legislation purportedly extinguishing these rights. The SCA’s judgment in Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (2018) is the first of its kind in South Africa to consider the extinguishment of customary rights to access and use natural resources through post-constitutional legislation. This note critically considers the guidance the SCA provided on proving the existence of customary rights to access and use natural resources, and the manner in which they may be extinguished through legislation. While the focus is on marine living resources, the lessons emerging from this case are relevant to other natural resource sectors.

scholarly journals (A88) Public Health Consequences of Climate Change in the Republic of Palau: A Photojournalism Project

2011 ◽  
Vol 26 (S1) ◽  
pp. s25-s25 ◽  
Author(s):  
M. Mahany ◽  
S. Kuartei ◽  
P. Marumoto
Keyword(s):  
Public Health ◽  
Climate Change ◽  
Resource Sharing ◽  
Beach Erosion ◽  
Extreme Weather Events ◽  
Small Island ◽  
Health Consequences ◽  
The People ◽  
The Republic ◽  
Republic Of Palau

IntroductionThe Republic of Palau, like other small, island, developing states, is particularly vulnerable to climate change due to a number of factors, including: (1) small size; (2) remoteness; (3) limited natural resources; and (3) vulnerability to disasters and extreme weather events. Other factors include social and economic factors such as: (1) economies sensitive to external shocks; (2) high population growth rates and densities; (3) poorly developed infrastructure; (4) limited financial and human resources; and (5) emigration. The (US) Centers for Disease Control and Prevention (CDC) partnered with the Republic of Palau Ministry of Health (MoH) and Southern Illinois University (SIU) to investigate public health consequences in Palau. The goal of the project is to reduce morbidity and mortality due to climate change in Palau by improving awareness using three tools: (1) a photojournalism book to document the local experience in Palau; (2) a marketing campaign to increase awareness in Palau about climate change as it relates to human health; and (3) a Website to raise regional and international awareness of the findings, and act as a forum for discussion and resource-sharing.MethodsThe CDC, SIU, and Palau MoH conducted interviews with community members including government officials, traditional leadership, fishermen, gardeners, physicians, scientists and local residents to explore their experiences concerning climate change in their community. Photojournalists took thousands of images documenting locally identified effects of climate change that were perceived as having direct or indirect health consequences for the people of Palau.ResultsCoral bleaching, beach erosion, irregular rainfall, sea level rise, and salt water inundation directly impact food security and tourism in Palau, while other less obvious, but important consequences, such as potential loss of traditional practices and cultural identity were also identified.ConclusionsThe people of Palau reported significant impact from climate change on agriculture, economics, health, and culture.

scholarly journals Konstitusionalitas Hak Masyarakat Hukum Adat atas Hak Ulayat Rumpon di Provinsi Lampung

2018 ◽  
Vol 14 (3) ◽  
pp. 463
Author(s):  
Ahmad Redi ◽  
Yuwono Prianto ◽  
Tundjung Herning Sitabuana ◽  
Ade Adhari
Keyword(s):  
Indigenous Peoples ◽  
Research Method ◽  
Legal Aspects ◽  
Coastal Communities ◽  
Customary Law ◽  
Fishing Gear ◽  
Constitutional Protection ◽  
Customary Rights ◽  
The Republic ◽  
The Government

Pasal 18B ayat (2) UUD NRI 1945 mengatur mengenai penghormatan dan pengakuan atas satuan-satuan masyarakat hukum adat beserta hak-hak tradisionalnya sepanjang keberadaannya masih ada. Salah satu hak masyarakat adat di masyarakat pesisir di Provinsi Lampung ialah hak rumpon sebagai hak ulayat laut. Rumpon laut secara bahasa merupakan jenis alat bantu penangkapan ikan yang dipasang di laut, baik laut dangkal maupun laut dalam. Saat ini eksistensi rumpon laut terancam keberadaannya karena untuk menjaga dan melestarikan sistem pengelolaan perikanan ini tidak didukung oleh tindakan nyata oleh Pemerintah dan masyarakat sekitar pesisir. Tulisan ini melakukan pengkajian atas hak masyarakat hukum atas hak ulayat rumpon di Provinsi Lampung dengan fokus penelitian pada eksistensi hak ulayat laut rumpon pada masyarakat Lampung dan perlindungan konstitusional atas hak ulayat rumpon laut. Metode penelitian yang digunakan yaitu metode socio-legal yang melakukan kajian terhadap aspek hukum dalam ranah das sollen dan das sein.Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia regulates the respect and recognition on customary law community units and their traditional rights as long as they still exist. One of the rights of indigenous peoples in coastal communities in Lampung Province is rumpon’s right as the ulayat right of the sea. Literaly, Rumpon laut is a type of fishing gear installed in the sea, both the shallow and the deep one. Currently the existence of rumpon laut is threatened because the maintenance is not supported by concrete actions by the Government and coastal communities. This paper conducts an assessment of the community’s right on customary rights of rumpon laut in Lampung Province. This paper focuses on the existence of the ulayat right of rumpon laut in Lampung and the constitutional protection of the ulayat right of rumpon laut. The research method used is a sociolegal method that studies the legal aspects in the realm of das sollen and das sein.

scholarly journals MANAJEMEN BERBASIS POROS MARITIM KABINET KERJA PEMERINTAHAN JOKOWI- JUSUF KALLA

2016 ◽  
Vol 3 (1) ◽  
pp. 29
Author(s):  
Moh Rosyid
Keyword(s):  
Law Enforcement ◽  
Small Island ◽  
Infrastructure Development ◽  
Maritime Industry ◽  
Real Form ◽  
Innovation Development ◽  
Work Program ◽  
The People ◽  
The Republic ◽  
The Government

The fact shows that 70 percent wide Indonesia is the sea. In geographic regions of the Unitary State of the Republic ofmainland only around 1.9 million kilo square meters, while the sovereignty of the sea consists of 3.1 million square kilometersand sea exclusive economic zone (ZEE) 2.7 km or 70 percent ofthe area of the archipelago in the form of the sea. The numberof large and small island as much as 17.500 island. A series of the island stretches from the east to the west as far as 6,400 km and almost 2,500 km from north to south. The potential for Coordinating Minister of Maritime law enforcement authorities recently have a work program be peneguhan maritime sovereignty, resource utilization, the infrastructure development and innovation development and maritime technology. The Program stresses that the maritime must be well managed to useful to the welfare of the people. The real form of the government in the form of maritime buildingutilization of maritime zones, treat maritime area, optimize the potential of waters environment, anticipation of evil in the seaand to optimize the performance of the national marine council. Various problems in the maritime governance circumventedAnalisis Manajemen Berbasis Poros Maritim by maintaining the sovereignty of the sea, in cooperation with the state adidaya, encouraged maritime industry, and take advantage of the waters as the lifeblood of the national economy.

scholarly journals Traditional Rights of Indigenous People in Indonesia: Legal Recognition and Court Interpretation

2019 ◽  
Vol 1 (2) ◽  
pp. 177-205
Author(s):  
Sartika Intaning Pradhani
Keyword(s):  
Natural Resources ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
District Court ◽  
Constitutional Court ◽  
Small Islands ◽  
Legal Certainty ◽  
High Court ◽  
Strong Relation ◽  
Adat Law

Indigenous peoples are victims of agrarian conflict, but their existence are not recognized by Indonesia. Indonesia recognizes Adat Law Community, distinct community living in Indonesia according to their Adat Law, and their traditional right. This paper is written based on legal normative research to analyze right of Adat Law Community towards their land and territory; and rule of the court regarding right of Adat Law Community. Adat Law Community has strong relation with their land and territory, namely Ulayat Right which guaranteed in Constitution and regulated in various law and regulation, especially regarding natural resources. Recognition towards Ulayat Right held by Adat Law Community through regional law product is declaratory because it only confirms the exiting right. Court has prominent role to enforce right of Adat Law Community. Constitutional Court has revoked several provisions in law which neglect Ulayat Right of Adat Law Community, such as Adat Forest which defined as state forest located in Adat Law Community’s territory; and Right of Coastal Water which limits Ulayat Right of Adat Law Community to access natural resources in coastal area and small islands. Though Constitutional Court has strengthen right of Adat Law Community, this community still face difficulties to claim their right towards land and territory against government and investor before District Court, High Court, and Supreme Court because those Court more focus on formal legal certainty of Adat Law Community’s authorization towards their land and territory than factual authorization as narrated by the community.

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