Perlindungan Negara terhadap Hak Pengelolaan Tanah Masyarakat Adat untuk Kepentingan Umum di Era Otonomi Daerah

Abstract

The discourse in the discipline of State Protection of Indigenous Peoples' Rights in Land Management for Public Interest in Autonomous Regions is a combination of agrarian law, constitutional law, customary law, and decentralized public policy. This issue highlights the tension between the state's constitutional obligation to protect indigenous peoples (Article 18B paragraph 2 of the 1945 Constitution) and the drive for economic development. The purpose of this study focuses on analyzing the balance between development and respect for the human rights of indigenous peoples. This type of research is normative juridical, namely a legal study that focuses on the analysis of norms, principles, and synchronization of laws and regulations related to the rights of indigenous peoples. This study examines how positive law guarantees the rights of indigenous peoples when faced with the interests of state development. This study uses a statutory law approach; a conceptual approach; and a case study approach. The research focus and juridical issues include: Harmonization of Norms, Public Interest Dilemmas, and the Role of Regional Governments in Autonomous Regions. This study uses primary legal materials and secondary legal materials. The research findings show a paradox between constitutional recognition and weak implementation in the field. Although the law recognizes customary rights, conflicts often arise because land acquisition for infrastructure development ignores traditional rights, especially in the era of decentralized regional autonomy. Contributions to the Discipline of Governance Law, Agrarian Law and Customary Law, (1) The need to uphold the principle of free, prior and informed consent before land acquisition. (2) Validating customary land maps made by indigenous communities and recognized by the Regional Government. (3) Amending land acquisition regulations to be more inclusive and participatory, and not only emphasizing the release of permanent rights.