Resolution of Forest Land Tenurial Disputes Outside of Court for Sustainable Investments: A Case Study in Indonesia

Abstract

The existence of Indigenous Peoples in Indonesia has existed for centuries before the establishment of the Republic of Indonesia. Indigenous Peoples have a bond of cultural unity, customs, and territories that have been recognized for generations. The challenge for the existence of Indigenous Peoples who inhabit a forest, namely the existence of investments that do not take into account the rights of indigenous peoples over their customary territory, so that it becomes a Tenurial Conflict. The method of this research is qualitative legal research using an empirical-normative combined approach based on case studies. The settlement of tenurial disputes must be oriented towards the rights of Indigenous Peoples, the settlement by providing a determination of Customary Forest first, if investment will be carried out, it can use local wisdom, namely "Numpang Karang.