Literation of Land Rights Law in ('Tola Gumi') Protection of Indigenous Peoples and its Impact on Community Welfare
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| Title: | Literation of Land Rights Law in ('Tola Gumi') Protection of Indigenous Peoples and its Impact on Community Welfare |
|---|---|
| Language: | English |
| Authors: | Situmorang, Jubair, Sahman, Abu, Suryanto, Tulus, Gani, Zulfandi |
| Source: | Journal of Social Studies Education Research. 2021 12(2):180-209. |
| Availability: | Journal of Social Studies Education Research. Serhat Mah. 1238/2 Sok. 7B Blok 12 Ostim, Yenimahalle, Ankara, Turkey; Web site: http://jsser.org |
| Peer Reviewed: | Y |
| Page Count: | 30 |
| Publication Date: | 2021 |
| Document Type: | Journal Articles Reports - Research |
| Descriptors: | Civil Rights, Laws, Land Use, Indigenous Populations, Tribes, Natural Resources, Court Litigation, Geographic Regions, Social Justice, Social Discrimination, Agricultural Occupations, Foreign Countries |
| Geographic Terms: | Indonesia |
| ISSN: | 1309-9108 |
| Abstract: | The purpose of this research is to examine the role of positive law and customary law in protecting indigenous peoples' rights to land literation and natural resources and their impact on community welfare. The research method used is normative legal studies. Customary law is focused on the customary law of the Tobaru tribe. The Tobaru tribe is one of the well-known tribes in Indonesia, which is famous for its land rights law ("Tola Gumi"). The study results reveal that the regulations of the central government and the regional government of North Maluku have not guaranteed the implementation of legal protection and the welfare of indigenous peoples, especially for the Tobaru tribe. This is also evidenced by the fact that the regional government has not implemented the Constitutional Court Decision in the North Maluku region. This legal review shows that three of the five pillars of the state, namely protection of human rights, social justice, and antidiscrimination, have not been implemented properly. Indigenous people are very dependent on land as their main source of livelihood for farming. Weak legal protections, such as the absence of land titles, make them vulnerable to social conflicts and lose their customary land rights. This research implies that it is hoped that the government will provide consistent legal protection for the welfare of indigenous peoples. Researchers encourage future studies related to learning about the rights of indigenous peoples in terms of the international legal system. |
| Abstractor: | As Provided |
| Entry Date: | 2021 |
| Accession Number: | EJ1307207 |
| Database: | ERIC |
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