东哈马黑拉togutil社区土地权利管理中的土著社区权利社会化

St. Laksanto Utomo, Nam Rungkel, Gatot Rambi Hastoro
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引用次数: 0

摘要

这项社区服务活动的动机是由于已经植根于土著人民生活中的土著权利状况日益恶化。薄弱的社会化和公众对法律重要性的理解可以保护自己免受时代进步的影响,因此这项社区服务的目的是(1)提供一种理解,使具有当地智慧的习惯权利能够以地区法规的形式得到政府的保护,以便将来无论谁领导,都将拥有法律确定性;(2)鼓励地方政府立即制定保护当地土著人民权利的法规(习惯法法规)。这项活动是一种法规的社会化,使土著人民知道他们的权利可以通过地方法规的形式得到政府的保护。从活动地点的一个部落(Togutil)的存在可以看出这一点,他们仍然生活在北马鲁古的Halmahera森林中,他们的存在是在一个有可能被开发的矿区,他们很容易不参与成果的管理,更不用说能够分享成果以加以利用。根据1945年《宪法》的规定,为了他们的繁荣和福利,尽可能多地采取行动,因为没有任何中央政府或地方政府的政策反映Togutil部落的存在是自然资源管理中最重要的部分。这一社会化活动的结束得到了社区的积极反应,其标志是在当地学者和其他有关方面的支持下开始起草一项区域条例,以便土著人民在其权利方面获得法律上的确定性。
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SOCIALIZATION OF INDIGENOUS COMMUNITY RIGHTS IN THE MANAGEMENT OF LAND RIGHTS IN THE TOGUTIL COMMUNITY OF EAST HALMAHERA
This community service activity is motivated by the worsening position of Indigenous Rights that are already rooted in the lives of indigenous peoples. Weak socialization and public understanding of the importance of law that can protect themselves from the progress of the times, so this community service has the aim of (1) providing an understanding so that customary rights with their local wisdom can be protected by the government in the form of regional regulations so that in the future whoever will lead will still have legal certainty, (2) Encourage local governments to immediately make regulations (customary regulations) that can protect the rights of local indigenous peoples. This activity is a socialization of regulations so that indigenous peoples know that their rights can be protected by the government in the form of local regulations. This can be seen from the presence of one of the tribes (Togutil) at the activity location who is still living in the Halmahera forest, North Maluku, whose existence is in a mining area that has the potential to be exploited and they are vulnerable to not being involved in the management of the results, let alone being able to share it to be utilized. as much as possible for their prosperity and welfare as mandated by the 1945 Constitution, because there is no central government or local government policy that reflects the existence of the Togutil tribe as the most important part in the management of natural resources. The conclusion of this socialization activity received a positive response from the community, marked by the start of the drafting of a regional regulation with support from local academics and other related parties so that indigenous peoples will receive legal certainty over their rights.
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