The Policy of Central Borneo Provincial Government on Indigenous Peoples' Land Rights and Its Implications to Indonesia's Positive Laws

Ritwan Imanuel Tarigan

Abstract

The Central Borneo provincial government has responded positively to the protection of land occupied by indigenous people by issuing Provincial Regulations and Governor Regulations. This policy encourages "Kedamangan" as the central institution which is fully responsible for sustainable, efficient and development of Dayak Customary Law, customs and positive habits in Indigenous Dayak life in Central Borneo including land rights by issuing SKTA (Certificate of Customary Land). However, the implementation of SKTA has not been able to accommodate by positive law of Indonesia. The purpose of this study is to explore the extent to which the implementation of Kedamangan's policy concerning land rights and its implications on positive law of Indonesia. Normative research is used in this study with the statue approach concerned with the topic. Sources of data obtained from the primary data in the form of regulations and secondary data in the form of literature relating to this study. The results show that, substantively local government policy is very appropriate and in accordance with the constitution. However, SKTA needs to be given legitimacy in its existence so that the element of legal certainty is fulfilled.

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Paper Citation


in Harvard Style

Tarigan R. (2018). The Policy of Central Borneo Provincial Government on Indigenous Peoples' Land Rights and Its Implications to Indonesia's Positive Laws.In Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS, ISBN 978-989-758-348-3, pages 632-635. DOI: 10.5220/0007548406320635


in Bibtex Style

@conference{icps18,
author={Ritwan Imanuel Tarigan},
title={The Policy of Central Borneo Provincial Government on Indigenous Peoples' Land Rights and Its Implications to Indonesia's Positive Laws},
booktitle={Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS,},
year={2018},
pages={632-635},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0007548406320635},
isbn={978-989-758-348-3},
}


in EndNote Style

TY - CONF

JO - Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS,
TI - The Policy of Central Borneo Provincial Government on Indigenous Peoples' Land Rights and Its Implications to Indonesia's Positive Laws
SN - 978-989-758-348-3
AU - Tarigan R.
PY - 2018
SP - 632
EP - 635
DO - 10.5220/0007548406320635