Anita Kamilah, Ryan Majid


Indonesia's national economic development facing the global economy is supported by open investment through the use of natural resources in the form of land. For customary law communities, land has an important role apart from being a place to live, it also shows the existence of a tribe in a certain area. Therefore, the Indonesian national constitution recognizes and respects indigenous peoples and their traditional rights. The empirical fact is that quite a lot of customary law community lands have been confiscated for investment purposes which will result in the loss of the customary rights of indigenous peoples. It is interesting to study: (1) What is the position of customary community rights in Indonesian national law politics; and (2) How does the legal protection of the customary rights of the customary law community face economic globalization. The approach method is normative juridical, descriptive analysis research specifications, types and sources of data derived from secondary data supported by primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis was done qualitatively. Research Results: (1) The politics of Indonesia's national agrarian law is based on customary law as a form of recognition of the customary rights of indigenous peoples with conditions if in fact they still exist, are in accordance with national interests, and do not conflict with the provisions of laws and regulations; and (2) The large number of land grabs that have been legalized by the government in supporting the global economy shows that the government has not been optimal in protecting the customary rights of indigenous peoples.

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DOI: https://doi.org/10.35194/cp.v0i0.1385


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