scholarly journals POLA HUBUNGAN HUKUM DALAM PEMANFAATAN TANAH ULAYAT DI SUMATERA BARAT

2015 ◽  
Vol 26 (3) ◽  
pp. 366
Author(s):  
Kurnia Warman ◽  
Hengki Andora

Communal land is the identity of indigenous communities whose existence is protected by the Constitution. Customary land is not only used for the purposes of indigenous peoples, but also exploited by the outsiders. This study examines how the pattern of the legal relationship between the indigenous people and to outsiders by using socio-legal research. This study was conducted in West Sumatera by limiting the study to the four natural resource sectors, namely plantations, water resources, mining and forestry. The results of this study indicate that the legal relationships that are not obvious to trigger disputes between indigenous people and outsiders. Tanah ulayat merupakan identitas masyarakat hukum adat yang diakui dan dilindungi keberadaannya oleh UUD 1945. Tanah ulayat tidak hanya digunakan untuk keperluan masyarakat hukum adat, namun juga dimanfaatkan oleh pihak luar. Penelitian ini mengkaji bagaimana pola hubungan hukum antara masyarakat hukum adat dengan pihak luar dalam pemanfaatan tanah ulayat dengan menggunakan pendekatan yuridis empiris. Penelitian ini dilakukan di Sumatera Barat dengan membatasi kajian pada 4 (empat) sektor sumberdaya alam, yaitu perkebunan, sumberdaya air, pertambangan dan kehutanan. Hasil penelitian ini menunjukkan bahwa ketidakjelasan hubungan hukum menjadi pemicu munculnya sengketa antara masyarakat hukum adat dengan pihak luar di dalam pemanfaatan tanah ulayat.

Author(s):  
Hengki Firmanda

The purpose of this study was to describe the ownership status of Soko land in the Indigenous People of the Bendang Tribe, Kampar, Riau; and explain the settlement of the transfer dispute over the ownership of Soko Land to the Indigenous People of the Bendang Tribe, Kampar, Riau. The existence of indigenous peoples will not be separated from their customary lands. The existence of indigenous peoples will be determined by ownership of their customary land. Indigenous people will not be called indigenous peoples without owning their customary land. This type of research is sociological legal research, namely research in the form of empirical studies to find theories about the process of occurrence and the process of working the law in society. The results of this study are, the status of ownership of Soko land in the indigenous people of the kampar tribe of the kampar district is attached to the community that has a maternal lineage. The transfer of ownership of soko land to the indigenous people of the dam tribe of Kampar District is the transfer of ownership of land between generations according to lineage and the transfer of land ownership to the settlement of land disputes.


to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 183
Author(s):  
Hidayat Hidayat

Recognition of the existence of customary rights by Article 3 of the Basic Agrarian Law is a natural thing, because along with the customary rights of indigenous communities have existed before the formation of the state of Republic Indonesia. However, many cases of communal land which arise in the regional and national scale, will never obtain settlement completely without any objective criteria necessary as a benchmark determinants of the existence of customary rights and their implementation. Criteria for deciding about the existence of customary rights is composed of three elements, namely the existence of a particular customary law community, the presence of certain customary rights into the environment and the purpose of taking the lives of indigenous people, and the existence of customary law regarding the maintenance of order, control and use lands which apply and be adhered to by the indigenous peoples. Metode of reserach is juridis normative. The results of reaserach shows that there is no regulatory of customary right, and the rule is still from the society. The rule of customary right can be gap to customary rights, in fact lowest.Kata Kunci : Pengakuan hukum, Hak ulayat Masyarakat Hukum Adat


Genealogy ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 52
Author(s):  
Bronwyn Carlson ◽  
Tristan Kennedy

Social media is a highly valuable site for Indigenous people to express their identities and to engage with other Indigenous people, events, conversations, and debates. While the role of social media for Indigenous peoples is highly valued for public articulations of identity, it is not without peril. Drawing on the authors’ recent mixed-methods research in Australian Indigenous communities, this paper presents an insight into Indigenous peoples’ experiences of cultivating individual and collective identities on social media platforms. The findings suggest that Indigenous peoples are well aware of the intricacies of navigating a digital environment that exhibits persistent colonial attempts at the subjugation of Indigenous identities. We conclude that, while social media remains perilous, Indigenous people are harnessing online platforms for their own ends, for the reinforcement of selfhood, for identifying and being identified and, as a vehicle for humour and subversion.


Author(s):  
Aubrey Jean Hanson ◽  
Sam McKegney

Indigenous literary studies, as a field, is as diverse as Indigenous Peoples. Comprising study of texts by Indigenous authors, as well as literary study using Indigenous interpretive methods, Indigenous literary studies is centered on the significance of stories within Indigenous communities. Embodying continuity with traditional oral stories, expanding rapidly with growth in publishing, and traversing a wild range of generic innovation, Indigenous voices ring out powerfully across the literary landscape. Having always had a central place within Indigenous communities, where they are interwoven with the significance of people’s lives, Indigenous stories also gained more attention among non-Indigenous readers in the United States and Canada as the 20th century rolled into the 21st. As relationships between Indigenous Peoples (Native American, First Nations, Métis, and Inuit) and non-Indigenous people continue to be a social, political, and cultural focus in these two nation-states, and as Indigenous Peoples continue to work for self-determination amid colonial systems and structures, literary art plays an important role in representing Indigenous realities and inspiring continuity and change. An educational dimension also exists for Indigenous literatures, in that they offer opportunities for non-Indigenous readerships—and, indeed, for readers from within Indigenous nations—to learn about Indigenous people and perspectives. Texts are crucially tied to contexts; therefore, engaging with Indigenous literatures requires readers to pursue and step into that beauty and complexity. Indigenous literatures are also impressive in their artistry; in conveying the brilliance of Indigenous Peoples; in expressing Indigenous voices and stories; in connecting pasts, presents, and futures; and in imagining better ways to enact relationality with other people and with other-than-human relatives. Indigenous literatures span diverse nations across vast territories and materialize in every genre. While critics new to the field may find it an adjustment to step into the responsibility—for instance, to land, community, and Peoplehood—that these literatures call for, the returns are great, as engaging with Indigenous literatures opens up space for relationship, self-reflexivity, and appreciation for exceptional literary artistry. Indigenous literatures invite readers and critics to center in Indigeneity, to build good relations, to engage beyond the text, and to attend to Indigenous storyways—ways of knowing, being, and doing through story.


Author(s):  
Nicholas Bainton

Anthropologists have been studying the relationship between mining and the local forms of community that it has created or impacted since at least the 1930s. While the focus of these inquiries has moved with the times, reflecting different political, theoretical, and methodological priorities, much of this work has concentrated on local manifestations of the so-called resource curse or the paradox of plenty. Anthropologists are not the only social scientists who have tried to understand the social, cultural, political, and economic processes that accompany mining and other forms of resource development, including oil and gas extraction. Geographers, economists, and political scientists are among the many different disciplines involved in this field of research. Nor have anthropologists maintained an exclusive claim over the use of ethnographic methods to study the effects of large- or small-scale resource extraction. But anthropologists have generally had a lot more to say about mining and the extractives in general when it has involved people of non-European descent, especially exploited subalterns—peasants, workers, and Indigenous peoples. The relationship between mining and Indigenous people has always been complex. At the most basic level, this stems from the conflicting relationship that miners and Indigenous people have to the land and resources that are the focus of extractive activities, or what Marx would call the different relations to the means of production. Where miners see ore bodies and development opportunities that render landscapes productive, civilized, and familiar, local Indigenous communities see places of ancestral connection and subsistence provision. This simple binary is frequently reinforced—and somewhat overdrawn—in the popular characterization of the relationship between Indigenous people and mining companies, where untrammeled capital devastates hapless tribal people, or what has been aptly described as the “Avatar narrative” after the 2009 film of the same name. By the early 21st century, many anthropologists were producing ethnographic works that sought to debunk popular narratives that obscure the more complex sets of relationships existing between the cast of different actors who are present in contemporary mining encounters and the range of contradictory interests and identities that these actors may hold at any one point in time. Resource extraction has a way of surfacing the “politics of indigeneity,” and anthropologists have paid particular attention to the range of identities, entities, and relationships that emerge in response to new economic opportunities, or what can be called the “social relations of compensation.” That some Indigenous communities deliberately court resource developers as a pathway to economic development does not, of course, deny the asymmetries of power inherent to these settings: even when Indigenous communities voluntarily agree to resource extraction, they are seldom signing up to absorb the full range of social and ecological costs that extractive companies so frequently externalize. These imposed costs are rarely balanced by the opportunities to share in the wealth created by mineral development, and for most Indigenous people, their experience of large-scale resource extraction has been frustrating and often highly destructive. It is for good reason that analogies are regularly drawn between these deals and the vast store of mythology concerning the person who sells their soul to the devil for wealth that is not only fleeting, but also the harbinger of despair, destruction, and death. This is no easy terrain for ethnographers, and engagement is fraught with difficult ethical, methodological, and ontological challenges. Anthropologists are involved in these encounters in a variety of ways—as engaged or activist anthropologists, applied researchers and consultants, and independent ethnographers. The focus of these engagements includes environmental transformation and social disintegration, questions surrounding sustainable development (or the uneven distribution of the costs and benefits of mining), company–community agreement making, corporate forms and the social responsibilities of corporations (or “CSR”), labor and livelihoods, conflict and resistance movements, gendered impacts, cultural heritage management, questions of indigeneity, and displacement effects, to name but a few. These different forms of engagement raise important questions concerning positionality and how this influences the production of knowledge—an issue that has divided anthropologists working in this contested field. Anthropologists must also grapple with questions concerning good ethnography, or what constitutes a “good enough” account of the relations between Indigenous people and the multiple actors assembled in resource extraction contexts.


Law Review ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 46
Author(s):  
Jeremy Aidianto Naibaho ◽  
Bambang Daru Nugroho ◽  
Yusuf Saepul Zamil

<p><em><span class="fontstyle0"><strong>Abstract</strong><br /></span></em></p><p><em><span class="fontstyle1">Nationalization of a Dutch-owned plantation company, NV Deli Maatschappij, was an attempt by the government to improve national economic situation. However, during the process, communal land which was concessioned to the plantation, was also nationalized and not given compensation by the government which resulted the indigenous people of Deli Sultanate losing their customary land. The former plantation land was converted to Cultivation Rights and handed over to the State Plantation Company This problem led to a prolonged conflict over ownership of the former estate. The purpose of this study is to determine the validity of the nationalization process carried out by Indonesian government on the existence of indigenous peoples’ customary land rights and obtain  settlement of customary land rights of indigenous peoples as the impact on nationalization. Furthermore, this research is normative legal research (library research) with a statutory approach (statue approach).<br /></span></em></p><p><span class="fontstyle0"><strong><em>Keywords: Nationalization, Communal Land, Compensation</em></strong><br /></span></p><p><span class="fontstyle3"><br /></span></p><p><span class="fontstyle3"><strong>Abstrak</strong><br /></span></p><p><span class="fontstyle4">Proses nasionalisasi Perusahaan Perkebunan milik Belanda, yaitu NV Deli </span><span class="fontstyle1">Maatschappij </span><span class="fontstyle4">adalah upaya pemerintah untuk memperbaiki perekonomian Negara. Namun dalam pelaksanaannya tanah ulayat yang dikonsesikan kepada perkebunan juga ikut ternasionalisasi dan tidak diberikan ganti kerugian oleh pemerintah yang berakibat Masyarakat Adat Kesultanan Deli kehilangan tanah ulayatnya. Tanah bekas perkebunan diubah menjadi Hak Guna Usaha dan diserahkan kepada Perusahaan Perkebunan Negara. Hal ini menimbulkan<br />konflik berkepanjangan tentang kepemilikan tanah bekas perkebunan tersebut. Penelitian ini merupakan penelitian hukum normatif (</span><em><span class="fontstyle1">library research</span></em><span class="fontstyle4">) dengan pendekatan undang-undang (</span><em><span class="fontstyle1">statue approach</span></em><span class="fontstyle4">). Tujuan penelitian ini adalah untuk menilai keabsahan proses nasionalisasi yang dilakukan oleh pemerintah Indonesia terhadap eksistensi hak ulayat Masyarakat Adat dan memperoleh penyelesaian sengketa tanah ulayat Masyarakat Adat sebagai dampak atas<br />nasionalisasi.<br /></span></p><p><strong><span class="fontstyle3">Kata Kunci: Nasionalisasi, Tanah Ulayat, Ganti Rugi</span> </strong></p>


2019 ◽  
Vol 7 (2) ◽  
pp. 1065-1088
Author(s):  
Scott D. Neufeld ◽  
Michael T. Schmitt

When a social group’s history includes significant victimization by an outgroup, how might that group choose to represent its collective history, and for what reasons? Employing a social identity approach, we show how preferences for different representations of colonial history were guided by group interest in a sample of urban Indigenous participants. Three themes were identified after thematic analysis of interview and focus group transcripts from thirty-five participants who identified as Indigenous. First, participants expressed concern that painful, victimization-focused representations of colonial history would harm vulnerable ingroup members, and urged caution when representing colonial history in this way. Second, while colonial history was clearly painful and unpleasant for all participants, many nevertheless felt it was important that representations of colonial history tell the whole truth about how badly Indigenous people have been mistreated by outgroups. Participants suggested these brutal representations of colonial history could also serve the interests of their group by bolstering ingroup pride when representations also emphasized the resilience of Indigenous peoples. Finally, participants described how brutal representations of colonial history could help transform intergroup relations with non-Indigenous outgroups in positive ways by explaining present challenges in Indigenous communities as the result of intergenerational trauma. We discuss findings in terms of their relevance for ingroup agency and their implications for public representations of colonial history.


2020 ◽  
Vol 19 (2) ◽  
pp. 12-28
Author(s):  
Wahyu Damon Prakoso

The problem that occurs is how the indigenous people of swamps interpret the lack of management territory, the loss of livelihood resources and organize themselves to seize opportunities for management rights. The problem of customary land and indigenous peoples above, the researchers felt the need to study more deeply on the Determination of Indigenous Areas and Customary Law Communities in Penyengat Village, Sungai Apit Subdistrict, Siak Regency, Based on the Minister of Home Affairs Regulation No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Peoples. This type of research is sociological, so the data source used is primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Data collection techniques are done by observation, interviews, and literature review.


2021 ◽  
Vol 5 (2) ◽  
pp. 160-166
Author(s):  
Bakri Sulaiman

Regulations on the Recognition and Protection of Customary Law Communities are not always effective. This study was to determine the concept of recognition and protection of the Customary Law Community in Rawa Aopa Watumohai National Park. This research is a normative legal research. The results of the research are First, the law still provides conditional recognition of indigenous peoples, which limits their space. second, that the recognition and protection of the customary MHA of Moronene Hukaea Laea in Bombana Regency has not been maximized. They have received recognition and protection through a recognition of perda, but their customary territory still has the status of designating a National Park Area, so they cannot use it as customary land.


Author(s):  
Thalia Anthony ◽  
Harry Blagg

Indigenous people have been subject to policies that disproportionately incarcerate them since the genesis of colonization of their lands. Incarceration is one node of a field of colonial oppression for Indigenous people. Colonial practices have sought to reduce Indigenous people to “bare life,” to use Agamben’s term, where their humanity is denied the basic rights and expression in the pursuit of sovereign extinguishment. Across the settler colonies of Australia, Aotearoa/New Zealand, Canada, and the United States, the colonial drive to conquer land and eliminate Indigenous peoples has left deep scars on Indigenous communities and compromised bonds to kin, culture, and country. Indigenous people have been made refugees in their own countries. Contemporary manifestations of penal incarceration for Indigenous people are a continuation of colonial strategies rather than a distinct phase. The concept of “hyperincarceration” draws attention to the problem of incarceration and its discriminatory targets. It also turns our attention to the turnstile of incarceration in Western postmodernity. However, the prison is but one form of exclusion for Indigenous people in a constellation of eliminatory and assimilatory practices, policies, and regimes imposed by colonial governance. Rather than overemphasizing the prison, there needs to be a broader conceptualization of colonial governance through “the camp,” again in the words of Agamben. The colonial institutionalization of Indigenous people, including in out-of-home care, psychiatric care, and corrective programs, is akin to a camp where Indigenous people are relegated to the margins of society. We eschew a narrow notion of hyperincarceration and instead posit a structural analysis of colonial relations underpinning the camp.


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