Legal certainty for the release of customary land in the investment sector based on local wisdom from a human rights perspective Yuldiana Zesa Azis, Anwar Borahima, Muhammad Ashri, A. Suriyaman Mustari Pide
Universitas Hasanuddin
Abstract
The rights of indigenous peoples in Papua are clearly stated in Article 18b of Law Number 21 of 2001 concerning Special Autonomy. This research focuses on the legal certainty of releasing customary land by customary communities to investors in the investment sector in Merauke Regency. The legal certainty of releasing customary land in the field of investment based on local wisdom is viewed from a human rights perspective which aims to find out how the process of releasing customary land and how the legal certainty of releasing customary land in the investment sector is viewed from a human rights perspective. The type of research used in this research is a combination of normative legal research and empirical legal research where normative research will analyze the rules relating to the imposition of sanctions, while the empirical will look for data directly in the field then the data is analyzed using qualitative methods furthermore. will be presented descriptively. The result of this research is that the release of customary land has not provided legal certainty for investors, this is due to overlapping compensation for land acquisition and uncertain customary rights recognition because there has been no participatory mapping of customary land and unclear land boundaries, then In the human rights perspective, there is legal protection of the rights of indigenous peoples through local wisdom, namely the process of releasing customary land by agreement, conducting gatzi ceremonies, slaughtering pigs, and distributing pigs to indigenous peoples.
Keywords: legal certainty, investment, local wisdom, human rights.
