Protecting Indigenous Collective Land Property in Indonesia under International Human Rights Norms

نویسندگان

چکیده

This essay examines the applicability of international human rights instruments as legal basis to protect indigenous land, territories, and natural resources non-ratification countries Convention on peoples’ rights, especially Indonesian context. In last few decades, United Nations has developed recognized peoples, including their ancestral lands, resources. These have been stipulated in several instruments, such ILO Conventions No.169 UNDRIP. Nevertheless, most Asian African not ratified Treaty, Indonesia. Consequently, failed be adopted into national policies, which ratification is a pre-condition before came force through regulations. Indonesia also doubted exclusive traditionally owned by peoples. Legally, are controlled States, mentioned Article 33 1945 Constitutional law. Economically, relies boost its revenues. To achieve this aim, expropriation land territories often occurs concession policy for private or state-owned companies. As result, tenure social conflict were common phenomena from New Order Regime until current day. spreads across country west part (Sumatra) east (Papua). Therefore, author argues that applying general will an alternative approach protecting fundamental related traditional

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ژورنال

عنوان ژورنال: Journal Of Southeast Asian Human Rights

سال: 2022

ISSN: ['2599-2147']

DOI: https://doi.org/10.19184/jseahr.v6i1.30242