Javascript must be enabled to continue!
The Protection of Indigenous Malay People’s Customary Land Rights in Rempang Againts Land Acquisition for National Strategic Projects
View through CrossRef
General background: Indonesia recognizes customary law communities and their communal land rights as part of the national legal system, yet implementation often clashes with development agendas. Specific background: The indigenous Malay community of Rempang, settled since 1834, faces land acquisition for the Rempang Eco-City National Strategic Project, raising legal and socio-cultural disputes over displacement. Knowledge gap: Although constitutional and statutory frameworks acknowledge customary land rights, practical enforcement and administrative recognition remain weak, particularly when confronted with national development priorities. Aims: This study analyzes the legal status of the Rempang Malay community as a customary law community and evaluates the protection of their ulayat land rights in the context of land acquisition for national development. Results: Findings show that the Rempang Malay community fulfills all substantive legal elements of a customary law society, but lacks full administrative recognition, resulting in weak legal standing during land acquisition processes. The project also demonstrates insufficient meaningful participation and inadequate compensation mechanisms for cultural and spiritual losses. Novelty: This research highlights the discrepancy between de facto recognition of indigenous rights and de jure administrative acknowledgment in large-scale development cases. Implications: Strengthening formal recognition, ensuring free, prior, and informed consent, and adjusting compensation schemes are crucial to achieving development aligned with social justice and legal sustainability.
Highlights:
The Rempang Malay community meets the legal criteria of a customary law society but lacks full administrative recognition.
Land acquisition for the Rempang Eco-City project demonstrates weak protection and limited community participation.
Strengthening legal recognition and applying fair, culturally aware compensation are essential for equitable development.
Keywords: Customary Land Rights, Rempang, Indigenous Community, Legal Protection, Land Acquisition
Title: The Protection of Indigenous Malay People’s Customary Land Rights in Rempang Againts Land Acquisition for National Strategic Projects
Description:
General background: Indonesia recognizes customary law communities and their communal land rights as part of the national legal system, yet implementation often clashes with development agendas.
Specific background: The indigenous Malay community of Rempang, settled since 1834, faces land acquisition for the Rempang Eco-City National Strategic Project, raising legal and socio-cultural disputes over displacement.
Knowledge gap: Although constitutional and statutory frameworks acknowledge customary land rights, practical enforcement and administrative recognition remain weak, particularly when confronted with national development priorities.
Aims: This study analyzes the legal status of the Rempang Malay community as a customary law community and evaluates the protection of their ulayat land rights in the context of land acquisition for national development.
Results: Findings show that the Rempang Malay community fulfills all substantive legal elements of a customary law society, but lacks full administrative recognition, resulting in weak legal standing during land acquisition processes.
The project also demonstrates insufficient meaningful participation and inadequate compensation mechanisms for cultural and spiritual losses.
Novelty: This research highlights the discrepancy between de facto recognition of indigenous rights and de jure administrative acknowledgment in large-scale development cases.
Implications: Strengthening formal recognition, ensuring free, prior, and informed consent, and adjusting compensation schemes are crucial to achieving development aligned with social justice and legal sustainability.
Highlights:
The Rempang Malay community meets the legal criteria of a customary law society but lacks full administrative recognition.
Land acquisition for the Rempang Eco-City project demonstrates weak protection and limited community participation.
Strengthening legal recognition and applying fair, culturally aware compensation are essential for equitable development.
Keywords: Customary Land Rights, Rempang, Indigenous Community, Legal Protection, Land Acquisition
.
Related Results
Burden of the Beast
Burden of the Beast
Introduction
Throughout the COVID-19 pandemic, and its fluctuating waves of infections and the emergence of new variants, Indigenous populations in Australia and worldwide have re...
REFORMULASI RPP PENERBITAN SERTIFIKAT PENGELOLAAN LAHAN REMPANG GUNA MEWUJUDKAN PENEGAKAN HUKUM DAN PERLINDUNGAN HAK ASASI MANUSIA
REFORMULASI RPP PENERBITAN SERTIFIKAT PENGELOLAAN LAHAN REMPANG GUNA MEWUJUDKAN PENEGAKAN HUKUM DAN PERLINDUNGAN HAK ASASI MANUSIA
The uncertainty of the status of land ownership in Rempang Batam causes conflicts between the government and the local indigenous people. For this reason, this study aims to discus...
On the Status of Rights
On the Status of Rights
Photo by Patrick Tomasso on Unsplash
ABSTRACT
In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. ...
Reclaiming the Wasteland: Samson and Delilah and the Historical Perception and Construction of Indigenous Knowledges in Australian Cinema
Reclaiming the Wasteland: Samson and Delilah and the Historical Perception and Construction of Indigenous Knowledges in Australian Cinema
It was always based on a teenage love story between the two kids. One is a sniffer and one is not. It was designed for Central Australia because we do write these kids off there. N...
Tlacoqualli in Monequi "The Center Good"
Tlacoqualli in Monequi "The Center Good"
Photo by Andrew James on Unsplash
INTRODUCTION
Since its inception, bioethics has focused on Western conceptions of ethics and science. This has provided a strong foundation to bui...
Cosmopolitan Musical Expressions Of Malay Indigeneity In Singapore
Cosmopolitan Musical Expressions Of Malay Indigeneity In Singapore
<p><strong>Over the past ten years, the activities of Malay composers with backgrounds in traditional music has been steadily increasing within the Malay traditional mu...
Agrarian Conflict Of Rempang Island Traditional Communities From A Government Communication Perspective And Political Ecology
Agrarian Conflict Of Rempang Island Traditional Communities From A Government Communication Perspective And Political Ecology
This article aims to analyze the rural conflict on Rempang Island from the perspective of government communication and political ecology. Rempang Island, whose territory is rich in...
PERANAN PENGHULU TERHADAP HAK ULAYAT DI MINANGKABAU
PERANAN PENGHULU TERHADAP HAK ULAYAT DI MINANGKABAU
Sumatra in general and Banuhampu District in particular the existence of customary rights is decreasing day by day both in terms of quantity and quality. The reduced existence of c...

