Legal Status of Customary Land Rights in Indonesia^s Mining Investment Policy
Ismail Rumadan, Ummu Salamah

Faculty of Law, National University

Abstract

Every investment policy in the mining sector in Indonesia always conflicts between community members and mining companies. These conflicts are generally related to the control of land or community land designated for mining areas, especially the land of indigenous peoples in areas where mining investment is carried out. Some examples of cases include conflicts between indigenous peoples and mining companies in Podi Village, Tojo Una-una Regency, Central Sulawesi- conflicts in Central Weda District, conflicts in Central Halmahera-North Maluku, and conflicts in Murung Raya, Central Kalimantan. These conflicts occurred due to the control of customary land by mining companies without regard to the rights of local indigenous peoples to customary land rights that have been owned for generations which were then forcibly used for the benefit of mining investment.
Noting the various conflicts that arise in every use of indigenous peoples^ land for investment purposes above shows that the position and position of indigenous peoples is very weak, especially in relation to the legal status of customary land rights. Therefore, this study aims to examine the legal status of customary land rights, which are constructed as part of an unwritten legal regime that has a constitutionally strengthened basis in the national legal system. And the interests of mining investment projected as a public interest based on written law.
The method used in this study is a juridical-sociological approach, by examining normative sociological legal status of customary land in the national legal system, and mining investment legal policies in a normative legal perspective for the public interest.
The assumption of this study shows that the legal status of customary land rights has experienced a decline in legitimacy, along with the development and change in the structure of community life from traditional society to modern society oriented towards a positive-legalistic view. This condition weakens the position of indigenous peoples in defending customary land rights that are intended for the benefit of mining investment.

Keywords: Legal status, customary land, mining investment

Topic: Local Wisdom (Customary Law)