Pengusahaan Sumber Daya Alam dengan Persetujuan Masyarakat Adat

Abstract

State control of natural resources for the sake of the greatest prosperity of the Indonesian people can be seen from the regulations that were born where this regulation provides an authority by the state carried out at the will of the Indonesian people. However, the text of the recognition and constitutional protection of indigenous peoples still leaves two main problems. First, the recognition of indigenous peoples is placed on conditions as long as they are still alive, in accordance with community development and the principles of the Unitary State of the Republic of Indonesia. Second, the constitution introduces two terms, namely the Unity of the Customary Law Community (Article 18 B paragraph 2) and the Traditional Community (Article 28 I paragraph 3). There is absolutely no explanation regarding these two terms, thus giving rise to new interpretations of these two things which have led to polemics in the regulatory arrangements under them. In this study using normative legal research methods using a literature study legal approach. When the occurrence of the two legal problems above the state raises a polemic in carrying out judicial efforts which have always been in conflict with the legal status of indigenous peoples, for that the government places more emphasis on a sociological approach. only guaranteeing welfare from the economic field, but considerations in the environmental field for that the state guarantees this as the most important part of the constitutional mandate this cannot be separated from various factors ranging from the environment which has an impact on health, the economy which has an impact on welfare is carried out as part of the the state is present in providing guarantees for respect and protection of the rights of indigenous and tribal peoples.