Abstract
There are two aims of this paper: first to analyze the responsibility of the government in the commitment to protect the rights of indigenous and tribal peoples in natural resource management activities; secondly, to analyze the implementation of government responsibilities in mining management in relation to the rights of indigenous and tribal peoples in enjoying their rights in the ecosystem, such as the environment. The method used in the research is empirical normative method, namely research that emphasizes the secondary data that is by studying and reviewing the principles of law and positive law principles derived from the existing literature materials in legislation and the provisions especially in relation to the exclusion of indigenous people's rights in the obligation of the state to create a healthy environment for the management of natural resources as a manifestation of human rights protection, and supplemented by empirical data in the form of interviews with related parties in Balaesang Tanjung Donggala District. The results show that natural resource management activities, linked to indigenous and tribal peoples' rights in environmental protection are regulated in various laws, both nationally and internationally. Implementation of government responsibility in mining management is related to the right of customary law community in enjoying the environment has not been optimally done. From the case of Balaesang Tanjung Donggala, it is envisaged that local governments ignore the rights of indigenous and tribal peoples in enjoying a healthy environment.
Highlights
The method used in the research is empirical normative method, namely research that emphasizes the secondary data that is by studying and reviewing the principles of law and positive law principles derived from the existing literature materials in legislation and the provisions especially in relation to the exclusion of indigenous people's rights in the obligation of the state to create a healthy environment for the management of natural resources as a manifestation of human rights protection, and supplemented by empirical data in the form of interviews with related parties in Balaesang Tanjung Donggala District
The results show that natural resource management activities, linked to indigenous and tribal peoples' rights in environmental protection are regulated in various laws, both nationally and internationally
This situation is able to be seen in the cases stated above, especially the indifference of the rights of indigenous people in the obligation of the government to create a healthy environment for natural resource management activities as an objective and protection of social and cultural economic rights in the region of Balaesang Tanjung
Summary
The indifference of the rights of indigenous people in natural resource management activities, which is damaging the environment is the government's failure to implement the responsibilities to prosper the people in the current era of globalization and technological improvement (Pratama, without years: 11), inter alia, in maintaining the environment resources , such as water resources This is not in accordance with the fifth principles of Pancasila, that is Keadilan Sosial (Social Justice) illustrated in the 1945 Constitution which is justice for the people including protection of human rights in the economic, social and cultural fields (International Covenant on Economic, Social and Cultural Rights), (Sen, 1994: 23) which is the government's commitment to ratification, which exist in Law No 11 of 2005. Reform the law in the development of national law, and expected to be useful for stakeholders who are related to the rights of indigenous people in the economic, social, political fields
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
