Resolution of Land Rights Conflict Resolution of Customary Law Community at Foreign Investments Company

Abstract

The aims of this research are in order to identify, to examine, as well as to describe some essences of the best solution by empowering a comprehensive approach, as well as by examining a number of affective factors as its main path, for the sake of the communal land rights predisposing settlement according to Customary law community and to foreign investments company. This research is created by using a normative and empirical legal research and also historical study as its comprehensive supplementary data. The analytical method that is used in this research is analytical descriptive which is obtained from the qualitative and quantitative data about communal land dispute conflict customary law community at foreign investments company. The result of the research shows that the various ways to round off the dispute over the Communal Land of customary law community at foreign investments company, both The Litigation and The Non Litigation, have not been able to round off the dispute comprehensively, so that the new resolution is required by using a collaborative approach, between the legal and the custom law, based on local ability. But in its implementation, they still have got to deal with some obstacles, they are: politic, culture, social, economic as well as science and technology. As a recommendation, there is a hope that this communal dispute for the right of the custom law should not be used as a political intention of any factions for a personal and cluster interest as the purpose. In order to achieve a legal and human rights protection for the local people, regulation or deregulation should be initiated, related to the rearrangement for the using of the land. In addition, the distribution and utilization of Corporate Social Responsibility (CSR) companies should be in touch with the local people’s live.