Legal Issue Concerning the Protection of Land Rights on the Islands of Indiginous Peoples

Abstract

This research aims to study the laws still behaving on the island's territory of indigenous and foreign peoples and analyze the issues surrounding the protection of land rights on indigenous peoples' territories. This will involve studying relevant laws, regulations, and rules, as well as examining the judgments or orders of the Supreme Administrative Court and the opinions of the Council of State, while also comparing them with land laws from other countries.

The research findings revealed legal issues regarding the inconsistency of legal hierarchies, and problems related to restricting indigenous peoples' rights to land and obtaining land title deeds, which may contradict the principle of equality as stated in the constitution. There are also issues concerning the control of land ownership on islands, particularly if there are no time limits on transfer prohibitions. This ensures that the state establishes legal measures for indigenous peoples to coexist with nature.

Recommendations suggest that there should be amendments allowing the issuance of land title deeds on the island, by establishing legal measures that incorporate the concept of cultural protection zones as a fundamental principle in the revisions. Additionally, urban planning on the island should be managed following the guidelines outlined in the law regarding urban planning and zoning. This should be enacted as a law or royal decree specific to each island. After this can be considered whether to issue land title deeds to indigenous peoples while also imposing restrictions on the transfer of rights and legal transactions, making them special cases distinct from general.