, Dianto and , Prof. Dr. Absori, SH., M.Hum and , Prof. Dr. Khudzaifah Dimyati., M.Hum and , Prof. Dr. Kelik Wardiono.,S.H.,M.H (2023) Hukum Dan Masyarakat Adat: Rekognisi hak atas Tanah adat berbasis Keadilan Sosial (Studi Di Kabupaten Sumbawa). Disertasi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Recognition of customary land rights must be carried out as a form of respect for the State for the existence of indigenous peoples' rights. Conditional recognition with a political approach in the recognition of customary land rights is very difficult for indigenous peoples to achieve, including for indigenous peoples in Sumbawa. This difficulty is marked by the small number of regional legal products that recognize customary land rights where AMAN data shows only 158 regional legal products from 416 districts and 98 cities with 34 provinces in Indonesia. This achievement is not an easy thing in which indigenous peoples are faced with conflicts over claims of rights both with companies and with the Government. The problems studied in this research are how the recognition of customary land rights in Sumbawa and how the concept of recognition of customary land rights is based on social justice. The purpose of this research is to analyze the recognition of customary land rights in Sumbawa as well as to formulate the concept of recognition of customary land rights based on social justice. This research method is a non-doctrinal method with a conceptual approach and a statutory approach. This study found that, first, recognition of customary land with a customary law pproach gave birth to accommodative recognition, recognition of customary land with a case approach gave birth to recognition that was declarative in nature, and recognition of customary land with a political approach (conditional recognition) gave birth to discriminatory recognition. Second, the formulation of the concept of recognition of customary land rights based on social justice, namely the recognition of customary land rights in a balanced manner based on the value of respect and the value of balance. Novelty, the concept of recognition of customary land rights based on social justice is a balanced relationship between the State and indigenous peoples which is characterized by cultural, emotional and geographical relationships so that mutual recognition is realized, which in this case researchers call 'equivalent recognition'
| Item Type: | Thesis (Disertasi) |
|---|---|
| Uncontrolled Keywords: | recognition, customory land, social Justice. |
| Subjects: | K Law > K Law (General) > Hukum Adad K Law > KI Indonesia Law |
| Divisions: | Fakultas Pasca Sarjana > Program Doktor (S3) Ilmu Hukum |
| Depositing User: | Ari Fatmawati |
| Date Deposited: | 14 Dec 2023 02:46 |
| Last Modified: | 20 Dec 2023 02:49 |
| URI: | http://eprints.ums.ac.id/id/eprint/119070 |
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