A Legal Analysis On The Problematics Of The Laman Kinipan’s Indigenous Community Recognition

Authors

  • Apriska Widiangela Airlangga University
  • Ika Putri Rahayu Airlangga University
  • Lailatul Komaria Airlangga University

Keywords:

Good Governance, Human Rights, the Indigenous Law Community (ILC) of Laman Kinipan, the National Law System

Abstract

The conflict between the Indigenous Law Community (ILC) of Laman Kinipan with PT Sawit Mandiri Lestari (SML) regarding Kinipan customary forest clearing into oil palm plantations is still prolonged to this day. The recognition of customary law communities is also still a matter of debate due to the unclear and overlapping national legal systems. It leads to low legal protection for indigenous people, which is likely to injure indigenous peoples' constitutional rights as Indonesian citizens, one of which is the conflict that befell the ILC of Laman Kinipan. The government's action in the conflict case between the ILC of Laman Kinipan and PT SML was deemed not oriented in terms of good governance and violated the human rights of MHA Laman Kinipan.

Author Biographies

Apriska Widiangela, Airlangga University

Mahasiswa Aktif

Lailatul Komaria, Airlangga University

Mahasiswa Aktif

Published

2021-03-13

How to Cite

Widiangela, A., Ika Putri Rahayu, & Komaria, L. (2021). A Legal Analysis On The Problematics Of The Laman Kinipan’s Indigenous Community Recognition. Jurnal Hukum Lex Generalis, 2(3), 213–235. Retrieved from https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/44