The Harmonization of Law in Regulating the Rights of Customary Community over Natural Resources in Indonesia

Abstract

This study aims to analyze the harmonization of law that regulates the rights of customary community over natural resources in Indonesia. The legal problem arises from the conflict of interests in regulating the protection of the rights of customary community. The protection is regulated by the 1945 Constitution of the Republic of Indonesia Article 18 B Paragraph (2) and Article 28 I Paragraph (3). The state has, actually, an obligation according to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia to manage the natural resources of the country for the greatest prosperity of the people. This means that the state has a substantial role in a number of policies on resources that have great impacts on the continuity of customary community. A number of regulations related to the protection of indigenous and tribal peoples and their sectoral policies appear to overlap interests that ultimately override indigenous and tribal peoples. This conflict draws willingness to investigate through the concept of harmonization of law. The study used normative juridical research method and based on the legislations and the concepts which are related to the field of study. The research results show that there is no alignment in a number of laws that regulates the rights of customary law community over natural resources if the concept of harmonization of law approach is applied. This is because the integration of all aspects that support the harmony of the regulation has not yet been taken into account in the preparation and implementation of sectoral policies on natural resources.

Keywords: Harmonization of law, Regulation, Customary community rights, Natural resources