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THE EXISTENCE OF INDIGENOUS LAND IN AREA OF MINING, FORESTRY AND OIL PALM PLANTATIONS
January 16th 2012
 

(The Potency of Conflict, Dispute and the Resolution)

The existence of indigenous land and the ownership of indigenous land have become a trigger for conflicts and disputes in mining, forestry and plantation activities. The conflict, either vertically or horizontally, often occurred or has been following by sustainable disputes between indigenous society and company. The land and the system of land ownership have been regulated under Agrarian Law. The Agrarian Law has a role as the national law which based on Adat (tradition) law and also has recognized the indigenous land rights pursuant to Article No. 3 of the Agrarian Law No. 5 of 1960. The indigenous land rights holder has no automatic rights to hold an ownership of minerals underneath the indigenous land.   

In this perspective, the rejection has been occurred from indigenous society against the mining, forestry and plantation on their indigenous land, which means against the rules as well. These conflicts are occurred more often in sector of mining, forestry and plantation. The number of conflicts related to indigenous rights is the reality of natural resources management, which commonly caused by the use of minerals underneath the land.

Based on this background, the Indonesian Advocates Association has arranged a 2-days training in Bali (Indonesia) jointly with PT Indo Jasa Tambang next week on 25-26 January  2012. Joining this training or at least taking deeper study on this preventive understanding, is a good way to understand these potential conflicts and disputes and discussing many effective resolutions with legal perspectives.

For further info about this training, please visit http://peradi.or.id/



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16/08/2013
Revision of the Minister of Agriculture Regulation No. 26/2007 regarding Plantation Business Permit
05/07/2013
LexRegis Trip to Pari Island
18/06/2013
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