作者
Nur Putri Hidayah, Fifik Wiryani, Hera Pratita Madyasti
发表日期
2018/7/1
期刊
IOP Conference Series: Earth and Environmental Science
卷号
175
期号
1
页码范围
012208
出版商
IOP Publishing
简介
Indigenous people, along with their traditional rights including communal rights, are recognized and sheltered under article 18B section (2) and article 28I section (3) of 1945 Constitution, Forestry Act, and regional regulation. However, the arrangement still remains sectoral and inconsistent, which does not fully stand for the Indigenous people. This contradiction was revealed in the Decision of the Constitutional Court Number 35/PUU-X/2012 on customary forest position provisions in the Forestry Act that was confirmed contradictory to the 1945 Constitution. This juridical fact becomes a foundation for State to provide communal indigenous people's land for investing in natural resources. The used paradigm fact is positioning indigenous people and communal rights, including local wisdom, as the object of development. Consequently, several problems occurred, including: environmental degradation, inequality of …
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