Rights Of Local Communities Research Articles

The Law of Natural Resources Management for Economic Prosperity: A Critical Analysis of Law No. 3 of 2020 on Mineral and Coal Mining

This research critically analyzes Law No. 3 of 2020 on Mineral and Coal Mining, focusing on its impact on natural resource management for economic welfare in Indonesia. Utilizing a normative legal research method, the study examines the law’s potential to strengthen the mining sector and increase its contribution to the national economy. While the law aims to boost investment and revenue, it faces significant challenges related to environmental sustainability, local community rights, and governance. The findings reveal that criticisms of Law No. 3/2020 underscore the need for a more balanced approach, ensuring that economic interests do not compromise environmental protection and social justice. To achieve sustainable, fair, and transparent mining sector management, governance reforms and stronger law enforcement are essential. This will ensure that Indonesia's natural resources are managed equitably for the benefit of all, not just a select few.

Collaborative conservation for snow leopards: Lessons learned from successful community‐based interventions

AbstractCollaborative conservation interventions based on engagement with local communities are increasingly common, especially for large carnivores that negatively impact people's livelihoods and well‐being. However, evaluating the effectiveness of large‐scale community‐based conservation interventions is rarely done, making it problematic to assess or justify their impact. In our study focused on snow leopards (Panthera uncia) in five countries, we show that bespoke and well‐implemented community‐based and conflict management intervention efforts can lead to more sustainable conservation outcomes. Collaborative interventions, spread over about 88,000 km2 of snow leopard habitat, reduced livestock depredation and disease and associated economic costs. Additionally, they generated conservation‐linked livelihoods and enhanced community decision‐making, leading to more positive behavioral intent toward snow leopards and improved communities’ cooperation, economic security, and confidence. Our results provide lessons learned and recommendations for practitioners and governments to alleviate conflicts and foster coexistence with snow leopards and large carnivores more broadly. These include prioritizing locally led tailored solutions based on the PARTNERS principles, recognizing local community rights in conservation decision‐making, and recognizing the role of social norms in ensuring accountability.

The Status of the People’s Tribunal in Resolving Land Disputes in the Dago Elos Community

This study aims to analyze the status of the People’s Tribunal within the context of land dispute resolution in the Dago Elos community. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that despite lacking legally binding power, the People’s Tribunal plays a crucial role in fighting for justice and giving a voice to communities who feel their rights have been neglected by the formal judicial system. In the context of the Dago Elos land dispute, the People’s Tribunal serves as a platform for the community to articulate their dissatisfaction with court decisions perceived as unjust, and to fight for recognition of their rights to land and natural resources. The People’s Tribunal also symbolizes resistance against the legacy of colonialism and encourages more responsive legal reforms. Therefore, it is recommended that law enforcement agencies consider the People’s Tribunal’s verdict as valuable input in the law enforcement process, especially in cases involving structural injustice and human rights violations. The government needs to be more responsive to the aspirations of the community and strive for agrarian legal reforms that are more just, by recognizing and protecting the rights of local communities to land and natural resources. The community is advised to continue to strengthen the role of the People’s Tribunal as an alternative means of dispute resolution and upholding justice. In addition, the community is expected to participate in the decision-making process and oversee public policies related to the management of land and natural resources to ensure that these policies benefit the wider community and are sustainable.

Justice In Management, Utilization and Preservation of Local Plant Varieties

Justice is important (urgent) in the Management, Utilization and Conservation of Local Plant Varieties and as an effort to realize the protection of the rights of local communities. Justice in question must be a basic value that must be realized through law, in this case the Plant Variety Protection Law, article 7, and Regional Regulations. Substantially, both laws and regional regulations must accommodate all stakeholders' interests and needs in the management, utilization and preservation of local plant varieties.

Politics of Mining: Ecological and Economic Dynamics in Maluku Utara

The mining issue in North Maluku Province has become a primary focus, resulting in serious impacts on the economic and investment climate. Challenges related to mining activities include environmental damage, pollution, land conflicts, illegal operations, and licensing issues. The conflict of interest among mining companies, the government, and local communities is worsening over time due to unmet community needs and a shift from protests to resistance. Factors influencing the escalation of conflict include centralization in decision-making regarding mining resources by the government, reducing the participation of local communities in policy processes. Additionally, the lack of concern from mining companies for the welfare of local communities, particularly regarding compensation and social impacts, is also a cause of escalating conflict. This research utilized a descriptive qualitative method. The research findings indicate that community opposition to mining concession policies is caused by neglect of the rights of local communities in terms of compensation, discriminatory treatment in workforce recruitment, and environmental damage post-mining. This underscores the need for holistic and sustainable solutions to resolve mining conflicts in the region, considering the interests of all involved parties.

Studi Kasus : Dampak Pembangunan PLTU terhadap Kehidupan Sosial, Ekonomi, dan Lingkungan Masyarakat Morowali Utara, Sulawesi Tengah dalam Kaca Mata Sosiologi

This research explores the impact of the development of Captive PLTU infrastructure in Sulawesi on the lives of local communities from a sociological perspective. Using a qualitative approach and case study design, this research explores the social, economic and environmental changes that occurred as a result of development interventions by PT GNI and PT COR. The construction of the Captive PLTU is based on Presidential Regulation No. 112/2022 concerning the Acceleration of Renewable Energy Development for the Supply of Electric Power. Local residents experience a range of negative impacts, including air pollution, pollution and disruption to livelihoods that depend on natural resources. The damming of the Lampi River by the PLTU has also raised concerns about the potential for flooding and decreased air quality. This research found that this development project has taken away the rights of local communities and caused various human rights violations. The results of this research emphasize the need to revise regulations that are more inclusive and fair to ensure sustainable development that takes into account the balance between economic, social and environmental interests. In conclusion, infrastructure development must be carried out with the active involvement of local communities and careful consideration of its impacts.

The Constitutional Court and Forest Tenure Conflicts in Indonesia

With regard to access to land and forest resources, forestry legislation maintains an imbalance between the state, corporations, and local communities. Since the colonial era, forestry regulation has facilitated restrictions on the ability of local communities to benefit from land and forest resources, while also concentrating power in the hands of the state. To uphold state ownership, forestry law criminalizes customary practices, putting local communities at risk. In this sense, conflicts between local communities, corporations, and government agencies arise because of structural issues in the legal framework of laws and regulations that undermine the land rights of local communities. The establishment of the Constitutional Court in Indonesia in 2003 has enabled local communities and NGOs to challenge the Forestry Law. They use the Constitutional Court to support the resolution of forestry tenure conflicts. This article examines the extent to which the Constitutional Court can contribute to the resolution of forest tenure conflicts through judicial review of forest laws. This article discusses twelve Constitutional Court decisions regarding judicial review of the Forestry Law and the Law on Forest Destruction Prevention and Eradication. We found that the Constitutional Court has made a positive contribution to addressing the deficiency of forest legislation regarding local and customary land rights. The implementation of Constitutional Court’s ruling is not, however, a matter of self-implementation. The ruling of the Constitutional Court will only have significance if it is continuously promoted by various stakeholders in support of forest tenure reform to facilitate the resolution of forest tenure conflicts.

Criminal Law Aspects in the Quartz Sand Mining Activities in West Kalimantan Province

This research aims to analyze the criminal law implications in resolving disputes related to quartz sand mining in the West Kalimantan Province. The significant ecological impact of quartz sand mining activities creates conflicts concerning permits, land ownership, environmental damage, and the rights of local communities. Criminal law plays a crucial role in upholding justice and addressing potential violations. This paper discusses the role of criminal law in several essential aspects: First, the Role of Criminal Law in Mining Permits, where criminal law can be employed to enforce mining permits, creating obstacles for those intending to violate established permits. Second, Criminal Law Aspects related to Environmental Damage, where violations of environmental regulations can lead to criminal actions with the aim of preventing environmental harm. Third, Conflicts with Local Communities and Landowners, where criminal law protects the rights of local communities and landowners through sanctions imposed by the Law. Fourth, Illegal Mining, where criminal law is used to address illegal mining practices, uphold the principles of justice, and protect the interests of the state and the community. Additionally, dispute resolution also requires more collaborative alternative approaches, such as mediation or arbitration. The criminal law implications in this approach must be understood to ensure that the dispute resolution process continues to be fair and effective. The role of law enforcement agencies and the judicial system is crucial in ensuring that criminal actions are taken in accordance with the principles of justice.

A synthesis of wild animal-related trade laws in some of the world's most biodiverse countries

We examined the laws and legal provisions governing the commercial trade of terrestrial wild fauna across the trade chain in some of the world's megadiverse countries and how these relate to key animal welfare and conservation concerns. Over the past century, an increase in the quantity and complexity of laws related to commercial wildlife trade has been observed in the 11 focal countries examined. Our review identified 95 laws with 560 provisions adopted since 1910 across these countries. Surprisingly, the level of biological diversity in a country does not correlate with the extent of legislation addressing wildlife trade. Moreover, legislation is unevenly distributed across different stages of the wildlife trade chain, with more provisions on extraction and transportation compared to captive management. Notably, animal welfare considerations are relatively underrepresented in legislation related to wildlife trade, despite their broad implications for public health and economies. Urgent legislative action is needed to meet global biodiversity targets and respond to the challenges posed by the growing scale and complexity of the wildlife trade. Recommendations are made to streamline legislation, consider the legal status of wild animals, and address gaps in enforcement mechanisms. We conclude that alignment of national and international regulations is crucial for the effective protection of both wild animal populations and individual animals' welfare in the context of commercial trade. Further research is needed to assess the effectiveness of existing laws, bridge legal gaps, and address diverse concerns related to wildlife trade, including public health and the rights of local communities.

Environmental Justice and Globalization: Putting a Focus on Indigenous Peoples and Local Community Rights and Perspectives

The right to participate in matters of local importance for communities as well as for Indigenous Peoples are increasingly recognized. This article analyses the continuous existence of deterrents to environmental justice from the perspective of social leaders who have worked in the defence of environmental and Indigenous rights in Colombia, Peru and Chile. This article argues that community rights and interests are relegated as a consequence of notions of development that are solely based on economic growth. This lack of a proper balance between a market-driven vision of development with local and Indigenous perspectives of development is manifested in different obstacles to effective participation and could also be explained by post-colonial dynamics. The research identifies seven particular obstacles that environmental and Indigenous rights defenders face to make their voices and perspectives be heard, namely: a total denial to binding mechanisms for participation, lack of information and transparency surrounding projects with a significant impact to local environments, unwillingness of State actors to supervise extractive industries, lack of access to environmental justice, lack of recognition by local authorities, in particular of Indigenous representatives, deception to the agreements between mining companies and the local communities as well as bureaucratic practices and judicial persecution, stigmatization and threats to the lives of environmental and Indigenous leaders.

Investasi Dan Hak Masyarakat Lokal Dalam Perspektif Bisnis Dan Hak Asasi Manusia

This research aims to provide an overview of the relationship between business and human rights and discuss how investment activities carried out by corporations must respect and fulfill the rights of local communities in their business areas and how the government should balance investment interests and the rights of local communities. By prioritizing secondary data, which was then analyzed qualitatively to draw conclusions and provide prescriptions, it was found that businesses have a responsibility to respect, protect, and fulfill human rights in all their activities. The government has a key role in maintaining a balance between investment interests and the rights of local communities. They must regulate and supervise investments to ensure that they contribute to sustainable development and protect the rights of local communities.Keywords: Investment, Local Communities, Human Rights.

An Olympic embrace? A critical evaluation of the IOC’s commitment to human rights

ABSTRACT The intersection of sport and human rights has demonstrated that the actions of global sport mega-event franchise owners can now no longer be viewed as impervious to wider human rights considerations. In examining recent operational developments undertaken by the International Olympic Committee (IOC), as evidenced by their institutional embrace of international human rights standards, this article cautions against an uncritical acclaim of such developments. By drawing upon legal texts, the extant literature on the overlap of both sport and human rights law, and Foucault’s governmentality theory, it argues that whilst the IOC’s embrace of human rights remains a positive development, their ongoing application of the ‘clean venue’ principle on Olympic Host Cities remains problematic for two key reasons. It argues, first, that the ‘clean venue’ principle can be understood as a governmental technique that disciplines and controls Olympic spaces, and those who fall within the regulatory, legal, and operational reach of the principle itself, whilst preserving the existing political economy in which the Olympics are embedded within. Secondly, it argues that as an inescapable expression of the IOC’s commercial and contractual control, the ‘clean venue’ principle raises additional human rights concerns which impact upon various rights such as freedom of assembly and expression and the rights of local communities within and around Olympic and ‘non-Olympic’ spaces. Ultimately, this article contends that while the IOC’s recent operational developments are to be welcomed, much work remains to ensure that human rights law is more visibly foregrounded within the IOC’s legal framework.

Environmental Law for Sustainable Palm Oil Development to Combat Deforestation and Climate Change Impact

Purpose: The aim of this study is to examie how environmental law to mitigate the impact of climate change caused by deforestation in Indonesia due to the high demand for palm oil. Theoretical framework: Theoretical framework incorporate principles from international agreements such as the Paris Agreement and the United Nations Framework Convention on Climate Change (UNFCCC), aligned with environmental law with Indonesia's national policies and strategies, such as the National Action Plan for Greenhouse Gas Reduction and Indonesia Sustainable Palm Oil (ISPO). Design/methodology/approach: The research method used a qualitative approach with data collected through library research. Various sources, including articles, journals, books, reports, and documents, were utilized to gather comprehensive and reliable information on the Indonesian palm oil problem and its environmental and societal impact. Findings: The result of the study concluded that addressing deforestation and the environmental impact of palm oil production requires several measures. These include reducing global demand for palm oil, promoting sustainable palm oil production, and adopting best practices in the palm oil industry. Implementing environmentally friendly approaches, protecting critical conservation areas, respecting the rights of local communities, and reducing greenhouse gas emissions are essential steps to mitigate the issue Research, Practical & Social implications: The study outline the role of engage all stakeholders, including producers, companies, governments, civil society, and global consumers, in these efforts. Striking a balance between economic interests and environmental concerns is vital. By promoting sustainable agricultural practices, negative impacts on the environment and society can be minimized, and progress can be made towards achieving climate change mitigation and sustainable development goals. Originality/value: The value of the study lies in its holistic approach to addressing multiple interconnected issues. It not only focuses on environmental conservation but also considers the socioeconomic aspects of small-scale farmers in Indonesia. This integrated perspective is vital for finding sustainable solutions that benefit both the environment and local communities.

Legal Protection Against Traditional Cultural Expressions in Batik Bakaran in Pati Regency Based on Indonesian Regulations

Traditional cultural expressions result from intellectual activity, experience, or understanding, expressed by community groups in the context of tradition, which are dynamic and can experience development. Protecting Traditional Cultural Expressions is regulated in Article 38 of Law Number 28 of 2014 concerning Copyright. Batik Bakaran, as a form of the traditional cultural heritage of the people of Pati Regency, has the potential and characteristics to obtain protection for Traditional Cultural Expressions so that unauthorized use from other countries does not occur and protects the rights of local communities. This study aims to find out and analyze whether Batik Bakaran has the potential to get legal protection against Traditional Cultural Expressions as well as the urgency and implications of Legal Protection for Traditional Cultural Expressions in Batik Bakaran in Pati Regency. This research uses the type of Juridical Empirical research using a qualitative approach. Data collection techniques by way of literature study and based on the results of interviews, observation, and documentation. Data validity uses triangular techniques. The results of this study indicate the potential of Batik Bakaran as a traditional cultural heritage that has characteristics as part of Traditional Cultural Expression.

Defending the Rights of Local Communities against Box-Ticking Exercises: An Analysis of Sustaining the Wild Coast NPC v Minister of Mineral Resources and Energy

Abstract This piece analyses the recent judgment from the Makhanda High Court in Sustaining the Wild Coast NPC v Minister of Mineral Resources and Energy setting aside the decision to grant Shell and Impact Africa an exploratory right. Shell and Impact Africa intended to conduct a seismic survey along South Africa’s Wild Coast. Such a survey stood to have a substantial impact on the rights and interests of several local communities residing along the coastline. Because Shell, Impact Africa and the Director-General of the Department of Mineral Resources and Energy failed to consider these rights and interests, the court decided to overturn the decision granting the companies their exploratory right. To this end, the judgment provides a powerful vindication of the rights of local communities, illustrating what is possible when regulatory schemes are applied purposively and not as a mere box-ticking exercise.

Trade and Wealth-Based Approach to Fisheries in Uganda: Impact on Livelihoods and Rights of Local Communities

Trade and Wealth-Based Approach to Fisheries in Uganda: Impact on Livelihoods and Rights of Local Communities

RANCANGAN DRAFT EVALUASI PROGRAM TELEVISI LOKAL DALAM EDUKASI KONSERVASI BUDAYA KALIMANTAN BARAT

The existence identification of local television as the mainstream media in cultural conservation education that did not apply systemic and scientific program evaluation is problematic which had implications for hampering the level of program progressivity, local television stations, and fulfilling the rights of local communities to obtain information with higher quality content. The purpose of this study was to design a draft evaluation for local television programs specifically for the Warta Citizen Journalism program at Television Ruai Pontianak used the CSE-UCLA evaluation model. This research used the Research and Development (RD) method. The result of the research was the production of a local television program evaluation draft consisting of a general detailed narrative of the program referring to the CSE UCLA evaluation component namely system assessment, planning, implementation, implementation, development and program certification as evaluation material that can be used by assessors given authority by the party. company, in addition to involving other information deemed relevant. This study also produced an assessment instrument in the form of an evaluation questionnaire specially designed for assessors who are representative parties in all entities related to broadcasting, starting from educators, cultural figures, indigenous peoples, viewers and non-viewers of Ruai TV, to civil society in carrying out the assessment. critical and objective.

Contribution and challenges of mangrove conservation to community’s well-being in eastern Tanzania

Abstract. Ngowi NJ, Zakayo G. 2023. Contribution and challenges of mangrove conservation to community’s well-being in eastern Tanzania. Intl J Bonorowo Wetlands 13: 15-21. Several mangrove conservation programs have been implemented in Tanzania to reverse degradation of mangrove ecosystem in the country. However, after their introduction in 1990s, many small-scale farmers relying on the mangrove ecosystems lost their livelihoods. To ensure that the people’s well-being and ecological integrity of the mangrove ecosystem are sustained, this study investigated the impact of nature conservation practices on financial sustainability, food security of local communities as well as ecological integrity of the mangrove ecosystem. The study employed a mixed-method approach where a survey was used to collect quantitative data from 90 household respondents selected randomly for a questionnaire survey. This was supplemented by data collected through personal observations and interviews administered to 30 local people (mainly key informants and focus group discussion). Quantitative data were analyzed through crosstab IBM SPSS version 20. Qualitative data were analyzed using content method. The results indicated that the conservation practices introduced brought a significant difference in financial stability (p<0.05) by increasing incomes of the implementing households to US $80.29 compared to US $69.20 for the non-implementing households. However, 83% of the implementing households still faced food insecurity by having meals only twice daily, although it was slightly higher compared to 80% for the non-implementing households. The 85% of the implementing and 65% of non-implementing households perceived that the conservation practices had improved the ecological integrity of the mangrove ecosystem by increasing the vegetation cover. The results of this study suggest that conservation practices in the mangrove ecosystem have increased financial sustainability and ecological integrity but failed to enhance food security. This study recommends the integration of rights of local communities on usage of land for paddy and fish farming to achieve sustainable economic growth in the estuary.

Collaborative Management to support sustainable Community Forest

The current state of social forestry, including community forestry (HKm) in Indonesia, is practically stagnant. Many factors cause stagnation in HKm management, including the main one being the interaction with the Forest Management Unit (FMU) as forest manager at the site level. This study aims to build an institutional model for sustainable forest management through analysis of the arena of action, community attributes, and forest management rules at the Nambo Community Forest, Central Sulawesi. The results of this research found that the collaborative management model between the government and the community is suitable to be applied in Community Forest management, because it provides greater opportunities for recognizing the rights of local communities to forest resources, as well as increasing the empowerment of rural communities.

Priority areas for promoting co-benefits between conservation and the traditional use of mammals and birds in the Chaco

As ambitious new targets to increase area-based conservation are discussed, there is a growing concern that such an expansion might ignore or marginalize local people. How to set top-down priorities to implement new protected areas that reconcile local peoples' interaction with and dependence on biodiversity remains a challenge. The Gran Chaco, a global hotspot of deforestation and biodiversity loss, faces the dual challenge of expanding area-based conservation while helping to transition to more sustainable natural resource use in order to maintain traditional livelihoods. We used a literature review to identify species that are important for local communities' livelihoods and then we compared conservation prioritization schemes that sought to identify priority areas for threatened species, versus priority areas for the same species plus species that underpin local livelihoods. We found that current protected areas insufficiently protect threatened species, but that a modest expansion would boost the representativeness of conservation-relevant species almost threefold. Importantly, we found a considerable overlap between priority areas for species of conservation concern and those important for people. This suggests major potential for area-based conservation to leverage co-benefits between conservation and livelihood goals, provided that new conservation initiatives are inclusive and consider the needs and customary rights of local communities. Protected areas that emphasize multiple uses and community-based management appear particularly promising to deliver co-benefits for conservation and development in the Chaco; however, those areas remain scarce. Our approach enables the consideration and empowerment of local people as key actors in conservation planning.