Recognition and Reinforcement of Customary Law Community Association and their Rights over Land and Forest in West Nusa Tenggara Province

Arba Sh. M. Hum
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Arba Sh. M. Hum: Lecturer of Faculty of Law, Mataram University, Mataram , Indonesia

Mediterranean Journal of Social Sciences, 2017, vol. 8, issue 4-1, 117-124

Abstract: This study aims to analyze recognition and reinforcement of customary law community association and their rights over land and forest in West Nusa Tenggara Province because in this region there are still numerous customary law community associations and their jurisdictions that are always owned, controlled, and done for generations. This study is categorized as a normative study that refers to applicable norms and legal concepts (Indonesian positive law) and reality based on the results of the study. The approaches implemented in the study are legislation approach, conceptual approach, and historical approach. This study was conducted by listing the norms of positive law and then confronting the reality which occurs in the society. It can be concluded that the recognition and reinforcement of the right of customary law community over land and forests in the Constitution and legislation is clear and decisive, however the implementation of recognition and reinforcement of customary law community association and their rights in West Nusa Tenggara Province has not been implemented by the government.

Keywords: recognition; reinforcement; indigenous people rights (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:mjsosc:v:8:y:2017:i:4-1:p:117-124:n:14

DOI: 10.2478/mjss-2018-0080

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