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Journal articles on the topic 'Indigenous peoples Land tenure Philippines'

Author: Grafiati

Published: 11 December 2022

Last updated: 31 July 2025

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1

Drbohlav, Petr, and Jiri Hejkrlik. "Indigenous Peoples’ Struggle for Secure Land Tenure in the Philippines: Case Study of Higaonon Tribe in Opol, Mindanao." Asian Social Science 13, no. 7 (2017): 38. http://dx.doi.org/10.5539/ass.v13n7p38.

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Indigenous peoples worldwide struggle for control over land and natural resources against encroachment of state interests, external development and commercial pressures such as agribusiness, dams, logging and mining. Their battle to protect land and natural resources is at the same time the struggle to preserve indigenous culture and traditions often inextricably linked to the land itself. The Philippine Indigenous Peoples Rights Act recognizes the indigenous peoples’ rights to their ancestral lands and domains and offers a way of improving their land tenure security. The article employs case

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2

Rosales, Christian A. "Territories of Fire : Indigenous Communities, Land, and Anarchy Among a Highland People in Mindoro." Journal of Ethnology and Folkloristics 16, no. 2 (2022): 239–72. http://dx.doi.org/10.2478/jef-2022-0021.

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Abstract The article challenges the assumption that land tenure is contingent on acquiring a land title. It argues that for Indigenous peoples a land may be delineated, occupied, utilised, and collectively owned through the concept of territoriality. Through a combined ‘anarchist anthropology’ and political ecology the article provides ethnographic evidence from among the Tau-Buhid as a case in point to show that through their everyday relationship with fire and ignition practices territoriality is reinforced among their communities as a basis of land tenure. Thus, despite efforts of the Phili

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Hansungule, Michelo, and Ademola Oluborode Jegede. "The Impact of Climate Change on Indigenous Peoples’ Land Tenure and Use." International Journal on Minority and Group Rights 21, no. 2 (2014): 256–91. http://dx.doi.org/10.1163/15718115-02102004.

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In Africa, owing to a lifestyle that is culturally and collectively dependent on land and its natural resources, indigenous peoples are adversely affected by climate change. This is despite the fact that they contribute least to its cause. While this situation requires the protection of indigenous peoples’ land tenure and use, this is generally not yet the reality in the domestic laws of states in Africa. Premised on four propositions, this article makes a case for a regional policy to safeguard indigenous peoples’ land tenure and use in the light of climate change challenge in Africa. In the

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Wijaya, I. Ketut Kasta Arya, I. Made Suwitra, Ni Made Jaya Senastri, T. Nazarrudin, and Sulaiman. "Patterns of Indigenous Land Tenure and Utilization: Comparison of Customary Law in Balinese and Acehnese People." Asian Research Journal of Arts & Social Sciences 22, no. 3 (2024): 41–49. http://dx.doi.org/10.9734/arjass/2024/v22i3521.

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Aim: This study examines and analyzes changes in patterns of tenure and utilization of customary land in line with changes and developments in society in the era of globalization and tourism industry both in Bali and in Aceh. There were lands that were originally customary lands. Customary. Some have changed their function while others are still functioning as customary lands. The purpose of this study is to analyze the causes of changes in patterns of tenure and utilization of customary lands in the Indigenous Peoples of Bali and Aceh. Before the change in orientation related to the use of cu

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Haryanto, Ririn V., Marthina Tjoa, and Husain Marasabessy. "Hak Tenurial Masyarakat Adat Dalam Pengelolaan Hutan." MAKILA 13, no. 2 (2019): 139–49. http://dx.doi.org/10.30598/makila.v13i2.2440.

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The certainty of tenure rights has been a problem related to the use of forests by indigenous peoples. This study aims to identify indigenous peoples' existence and find out the forms of customary tenure rights in forest land management. The method used in this study is a qualitative method with a descriptive analysis to provide a true and accurate picture of the tenure rights of indigenous peoples. Research results show that indigenous peoples are still healthy with traditional institutions, and universal values are always maintained. The tenure system in Wakal is controlled by the State, c

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Tjoa, Marthina, Didik Suharjito, Hariadi Kartodiharjo, and Endriatmo Soetarto. "Forest Land Tenure Rights on Indigenous Peoples in Honitetu Village West Seram District, Maluku." Jurnal Sylva Lestari 6, no. 3 (2018): 91. http://dx.doi.org/10.23960/jsl3691-102.

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Forest land tenure systems for indigenous peoples are always debated by various parties regarding the overlapping interests and rights of forest land. Objective of this study is to analyze the types of indigenous peoples' rights to strengthen forest land tenure systems in Honitetu Village, West Seram Regency. The research approach used is Participatory Action Research by building constructs of meaning between researchers and society repeatedly to obtain an understanding of the information discussed. Data were obtained through key informant interviews and focus group discussions conducted repea

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7

Mailissa, Ani, Thomas M. Silaya, Husain Marasabessy, and Mersiana Sahureka. "Kajian Hak Tenurial Masyarakaat Adat Dalam Pengelolaan Hutan di Dusun Melinani Kecamatan Seram Utara Kabupaten Maluku Tengah." MAKILA 15, no. 2 (2021): 141–50. http://dx.doi.org/10.30598/makila.v15i2.4842.

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The tenure rights of indigenous peoples over the management of natural resources is an exciting topic because the existence of indigenous law communities depends on forest natural resources. This study aims to find out the types of rights of indigenous peoples in forest management in Melinani Hamlet. The method used in this study is a qualitative descriptive method. The data collection techniques used are interviews and observation techniques. The results of the survey showed the tenure rights of the people of Melinani Hamlet, North Seram District of Central Maluku Regency, included six types

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Wala, Gevan Naufal. "Existence of Customary Land According to the Basic Agrarian Law." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 2, no. 2 (2023): 1143–46. http://dx.doi.org/10.57235/aurelia.v2i2.596.

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Land tenure by indigenous peoples tends to be ignored. This situation occurs because government policies do not pay attention to developments in land tenure by indigenous peoples. In essence, customary law is law that is recognized for public purposes. Because of this, the state and government should provide protection for the rights of indigenous peoples which are included in the state constitution. This is also stated in Law Number 5 of 1960 concerning Basic Agrarian Regulations. Traditionally owned land or called ulayat land, in essence according to custom is land that cannot be contested a

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Mokodompit, Gusniarjo, Suprijati Sarib, Sabil Mokodenseho, Zulfikri Darwis, and Madinah Mokobombang. "Ensuring the Rights of Indigenous Peoples: International Legal Standards and National Implementation." Easta Journal Law and Human Rights 1, no. 03 (2023): 127–36. http://dx.doi.org/10.58812/eslhr.v1i03.89.

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This research explores the guarantee of indigenous peoples' rights in indigenous territories in West Java, focusing on international legal standards and their implementation at the national level. The research used a mixed-methods approach, combining qualitative and quantitative methods. Through document analysis, surveys and interviews with key stakeholders, the research examines the legal and policy framework, challenges and opportunities related to indigenous peoples' rights in the region. The findings highlight issues such as land rights, cultural preservation, and political participation.

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Firmansyah, Fikri Hayqa, Pratama Windyarto Dhimas, and Haekal Fikri Hartono Muhammad. "Legal Certainty of Land Tenure of Customary Rights by Indigenous Peoples Based on the Administration of Customary Land." INTERNATIONAL JOURNAL OF SOCIAL SCIENCE HUMANITY & MANAGEMENT RESEARCH 2, no. 07 (2023): 615–20. https://doi.org/10.5281/zenodo.8149968.

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The fact that customary land is not included as an object of land registration in Government Regulation No. 24/1997 causes indigenous peoples' control over customary land not to be based on rights that can be proven in writing. This causes the rights of indigenous peoples over their customary land to be marginalised. Following up on this, the Government enacted Minister of Agrarian Affairs Regulation No. 9/2016 on Procedures for Determining Communal Rights to Land of Customary Law Communities and Communities in Certain Areas, which was later revoked and replaced by Minister of Agrarian Aff

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INMAN, Derek. "From the Global to the Local: The Development of Indigenous Peoples’ Land Rights Internationally and in Southeast Asia." Asian Journal of International Law 6, no. 1 (2015): 46–88. http://dx.doi.org/10.1017/s2044251314000356.

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Despite a noticeable shift in recent years, indigenous peoples in Asia continue to experience many forms of human rights violations, with the most serious perhaps being the loss of traditional lands and territories. The purpose of this paper is to examine indigenous peoples’ land rights and its application in Southeast Asia. To that end, the paper will provide an overview of the development of indigenous peoples’ land rights internationally; offer regional perspectives from the Inter-American Court of Human Rights and the African Commission for Human and Peoples’ Rights; analyze the concept of

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Eisenstadt, Todd A. "Agrarian Tenure Institution Conflict Frames, and Communitarian Identities." Comparative Political Studies 42, no. 1 (2008): 82–113. http://dx.doi.org/10.1177/0010414008325273.

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Drawing on a survey of more than 4,000 respondents, this article argues that contrary to claims by the 1994 Zapatista insurgency, indigenous and nonindigenous respondents in southern Mexico have been united more by socioeconomic and land tenure institution variables than by ethnic identity. Based on statistical models, it concludes that in rural southern Mexico, ethnicity alone is less important in shaping peoples' attitudes than whether the dominant land tenure institutions are the “communitarian” state-penetrated ejidos (communitarian collective farms) of Chiapas or the more “individualist”

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Schippers, Titia. "Securing Land Rights through Indigenousness: A Case from the Philippine Cordillera Highlands." Asian Journal of Social Science 38, no. 2 (2010): 220–38. http://dx.doi.org/10.1163/156853110x490917.

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AbstractThe Indigenous Peoples Rights Act (1997) offers indigenous peoples in the Philippines the opportunity to obtain title to an ‘ancestral domain’. This article discusses how leaders of the Bakun Indigenous Tribes Organization (BITO) in the Cordillera Highlands strategically used the state-sponsored indigenous-peoples discourse and political-administrative structure to acquire land rights for the inhabitants of the municipality of Bakun. Though the inhabitants did not necessarily identify themselves as indigenous, they welcomed land rights as a protection against unwelcome incursions by mi

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Permadi, Iwan. "Land Tenure and Utilisation Challenges of The Land Bank Concept in Indonesia." Jurnal Hukum dan Kenotariatan 7, no. 3 (2023): 185–96. http://dx.doi.org/10.33474/hukeno.v7i3.20750.

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The existence of the Land Bank is arguably redundant, as the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency could be optimised in seeking balance and justice in the distribution of land, including to indigenous peoples. Then, the model of open cooperation in land utilisation by not determining the priority scale from the Land Bank to business entities, individuals, or community groups, can open space for abuse of power and conflicts of interest. This type of research is normative juridical with a conceptual approach and a statutory approach. The results of the study sho

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Vilaça, Tatiana Raquel Alves, Ana Carolina do Couto Andrade, Fausto Miziara, and Karla Emmanuela Ribeiro Hora. "Ratification of tenure and the conversion of land use in the most impacted Indigenous territories of the Brazilian Legal Amazonia region, between 1985 and 2022." Revista Brasileira de Ciências Ambientais 59 (September 4, 2024): e2000. http://dx.doi.org/10.5327/z2176-94782000.

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In Brazil, the demarcation of Indigenous lands guarantees the dominion of native peoples over their traditional territories. Recent studies have shown that, in addition to protecting the rights of Indigenous peoples, these lands contribute decisively to the conservation of natural environments by forming a barrier to the advance of deforestation. This conflicts with the expansion of agricultural frontiers, logging, and squatting, which are the principal increasing anthropogenic pressures on these areas. Other, less well-documented factors may also affect deforestation patterns on Indigenous la

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Wicaksana Prakasa, Satria Unggul, A. Sakti R.S. Rakia, and Izawati Wook. "Protecting the Land Tenure Rights of Papuan Indigenous Peoples After New Autonomy Region." Indonesia Law Reform Journal 3, no. 3 (2023): 287–303. http://dx.doi.org/10.22219/ilrej.v3i3.31352.

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The issues with indigenous peoples are very frequent, the impact of development, investment, and deforestation is accompanied by land conversion activities for oil palm plantations and mining, making the rights of indigenous peoples marginalized. In this context, this study seeks to investigate: (1). What problems are experienced by the Papuan Indigenous Peoples and what protection should be accepted by legal and human rights approaches? (2) What are the challenges of Special Autonomy in Papua following the stipulation of the latest Special Autonomy Law, especially in Southwest Papua, and what

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17

Gilbert, Jérémie. "Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title." International and Comparative Law Quarterly 56, no. 3 (2007): 583–611. http://dx.doi.org/10.1093/iclq/lei183.

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AbstractWithin common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving from prior occupation. The article analyses how the common law doctrine builds a bridge between past events and contemporary land claims. The

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Baco Jr., Ignie V. "Comprehensive government programs for indigenous peoples in the Philippines." International Journal of ADVANCED AND APPLIED SCIENCES 10, no. 6 (2023): 89–99. http://dx.doi.org/10.21833/ijaas.2023.06.011.

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This mixed-method study explores government programs aimed at the development of indigenous peoples (IPs) in Panay Island, Philippines. The research examines the socio-demographic profile of IPs, their level of awareness, satisfaction, and attitude towards government programs. It also investigates the significant relationships between the level of awareness, satisfaction, and attitude of IPs towards these programs. Additionally, the study identifies the challenges encountered by the government and IPs in implementing development programs through interviews. Quantitative data were collected usi

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Letnar Černič, Jernej. "Obligaciones de los Estados en materia de derechos territoriales indígenas." Deusto Journal of Human Rights, no. 11 (December 11, 2017): 41. http://dx.doi.org/10.18543/aahdh-11-2013pp41-74.

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<p>This article examines state obligations under indigenous territorial rights. The cultural survival and development of indigenous peoples depends on their spiritual and factual connection with their lands. It argues that indigenous ancestral land rights derive from international and national law. Indigenous customs prefer a collective land tenure system to individual property rights. State obligations regarding indigenous ancestral land rights are based on international human rights treaties and national systems. In short, the paper argues that states have an obligation to respect, pro

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Isman, Isman, Yuli Setyowati, and Prima Arya Widodo. "Protection of customary land rights: Meta-Analysis and Regulatory Impact Assessment in Indonesia's New Capital." Open Society Conference 2 (December 30, 2024): 104–19. https://doi.org/10.33830/osc.v2i1.2905.

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The objective of this study is to evaluate the effectiveness of existing protection measures in safeguarding indigenous land rights in Sepaku and Samboja, East Kalimantan, within the context of the capital city of Indonesia. This study employs a comprehensive methodology, including a literature review, legal analysis, and field investigations. It examines the legal framework, institutional coordination, and impact of land use policies on indigenous communities. The data were collected via interviews and document analysis. This study reveals a pressing need to strengthen regulatory design and l

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Domínguez, Lara, and Colin Luoma. "Decolonising Conservation Policy: How Colonial Land and Conservation Ideologies Persist and Perpetuate Indigenous Injustices at the Expense of the Environment." Land 9, no. 3 (2020): 65. http://dx.doi.org/10.3390/land9030065.

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The livelihoods of indigenous peoples, custodians of the world’s forests since time immemorial, were eroded as colonial powers claimed de jure control over their ancestral lands. The continuation of European land regimes in Africa and Asia meant that the withdrawal of colonial powers did not bring about a return to customary land tenure. Further, the growth in environmentalism has been interpreted by some as entailing conservation ahead of people. While this may be justifiable in view of devastating anthropocentric breaching of planetary boundaries, continued support for “fortress” style conse

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Pujiriyani, Dwi Wulan, M. Nazir Salim, and Maya Rahelia Soinbala. "Agrarian Reform and Indigenous Peoples: Land Management Practices of Boti Tribe." Marcapada: Jurnal Kebijakan Pertanahan 2, no. 1 (2022): 64–73. http://dx.doi.org/10.31292/mj.v2i1.27.

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The viability of traditional tenure practices is being dealt with seriously by the privatization process. In this case, it is necessary to take sides to save the remnants of the collective heritage management of the community over shared resources, one of which appears in the context of Boti Tribe. Through Boti, the vertical redistribution model and the horizontal redistribution model can be reflected simultaneously. This vertical redistribution is related to the authority of customary leaders in regulating land tenure and use for all members of the community. Meanwhile, horizontal redistribut

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Errico, Stefania, and Priscilla Claeys. "Human Rights and the Commons: Exploring Approaches to the Governance of Land and Natural Resources beyond Indigenous Peoples’ Rights. The Case of Peasants." International Journal on Minority and Group Rights 27, no. 1 (2020): 1–33. http://dx.doi.org/10.1163/15718115-02604123.

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Abstract Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resource

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Kretzler, Ian. "Archives of Native Presence: Land Tenure Research on the Grand Ronde Reservation." American Indian Culture and Research Journal 41, no. 4 (2017): 45–70. http://dx.doi.org/10.17953/aicrj.41.4.kretzler.

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Under the banner of indigenous and collaborative archaeologies, heritage professionals and indigenous peoples have developed new forms of scholarly practice. This work has begun to rectify the discipline's historical marginalization of indigenous groups but remains skewed toward academic projects. Less attention has been paid to the hundreds of Tribal Historic Preservation Offices within tribal nations. This article argues that tribal historic preservation provides needed insight to heritage managers of all stripes. Using the Grand Ronde Land Tenure Project as a case study, I discuss how triba

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Utomo, Laksanto, and Journal Manager APHA. "Legal Protection of Land Control of Baduy Indigenous People and Sedulur Sikep." Journal of Indonesian Adat Law (JIAL) 1, no. 1 (2020): 63–108. http://dx.doi.org/10.46816/jial.v1i1.17.

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Applicability of UUPA, a step forward in the land law, but with the foundation of land tenure and the former western lands that are not owned by an individual into a state land "directly controlled by the State to the maximum benefit of the people", it becomes a big problem, what is it? Proof of ownership of land should be formal and based on the written evidence proved village government (Lurah), how to indigenous peoples who are not familiar with reading and writing, they are farmers working in the tradition to the next. In the Local Rules Samin people not give legal protection to ownership.

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Sumakul, Tommy Ferdi et al. "Legal Concept of Land Tenure Rights by the State for Society Benefit: Juridical Study of the UUPA." International Journal of Social Sciences World (TIJOSSW) 5, no. 2 (2023): 10–21. https://doi.org/10.5281/zenodo.8137574.

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It aims to know the concept of law on land rights according to the UUPA and land tenure rights and to know the form of implementation of the control of land rights by the state according to the UUPA. The research results show that land tenure over coastal reclamation can only be exercised for the development of land or land areas with an appropriate compensation agreement that does not harm the first owner of the area to be expanded utilizing reclamation, with the permission of the regional government and the agreement of the community at that place in return losses that should be. The area re

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Hendra, Rahmad, Hengki Firmanda, Samariadi Samariadi, and Rahmat GM Manik. "THE IMPORTANCE OF TENURE AND ACCESS RIGHTS FOR INDIGENOUS PEOPLES." Cepalo 9, no. 2 (2025): 81–94. https://doi.org/10.25041/cepalo.v9no2.3616.

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This research was performed to develop a model of legal protection for tenure rights and Indigenous peoples' access to forests based on local and ecological wisdom in Riau Province. Socio-legal research methods are employed to examine the relationship between law and government policy, with a focus on local and ecological issues. This approach facilitates a more fundamental understanding of the law's substance. Using the normative analysis with interdisciplinary dialogue, in a protection model for public interests over the long term is proposed. The research suggests that cooperation between t

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Fahmi, Chairul, and Muhammad Siddiq Armia. "Protecting Indigenous Collective Land Property in Indonesia under International Human Rights Norms." Journal of Southeast Asian Human Rights 6, no. 1 (2022): 1. http://dx.doi.org/10.19184/jseahr.v6i1.30242.

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This essay examines the applicability of international human rights instruments as the legal basis to protect indigenous rights to land, territories, and natural resources to non-ratification countries of the Convention on indigenous peoples’ rights, especially to the Indonesian context. In the last few decades, the United Nations has developed and recognized the rights of indigenous peoples, including rights to their ancestral lands, territories, and resources. These rights have been stipulated in several instruments, such as the ILO Conventions No.169 and UNDRIP. Nevertheless, most Asian and

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Van Koppen, Barbara. "Customary Water Tenure." Blue Papers 1, no. 1 (2022): 35–41. http://dx.doi.org/10.58981/bluepapers.2022.1.03.

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Heritage and culture not only shape the customary tenure of land and forest resources of most indigenous peoples and local communities in low-income rural areas, but also community members’ mutual relations vis-à-vis their water resources, or, in other words: customary water tenure. Age-old settlement by farm communities or pastoralists’ establishment of nomadic routes vested customary rights to land and the fugitive surface runoff and streams flowing over the lands; soil moisture, wetlands and lakes on the land; and aquifers under the land. In customary water tenure, orally transmitted

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Chipofya, Malumbo C., Sahib Jan, and Angela Schwering. "SmartSkeMa: Scalable Documentation for Community and Customary Land Tenure." Land 10, no. 7 (2021): 662. http://dx.doi.org/10.3390/land10070662.

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According to the online database landmarkmap, up to an estimated 50% or more of the world’s habitable land is held by indigenous peoples and communities. While legal and procedural provisions are being made for bureaucratically managing the many different types of tenure relations in this domain, there continues to be a lack of tools and expertise needed to quickly and accurately document customary and indigenous land rights. Software and hardware tools that have been designed for documenting land tenure through communities continue to assume a parcel-based model of land as well as categories

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Miranda, Marcelo Marques. "The Resurgence of the Heritage of Indigenous Peoples of Thailand in the Aftermath of Development." Journal of Heritage Management 4, no. 1 (2019): 73–84. http://dx.doi.org/10.1177/2455929619864460.

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The dichotomy between nature and culture in heritage and conservation is inappropriate in the case of indigenous peoples. Many natural sites are often considered sacred and consequently of both spiritual and biodiversity conservation significance. However, this dualist definition is the one usually imposed by nation states. Until 2002, Thailand’s development strategies involving indigenous peoples were mostly connected to what was referred to as the ‘hill tribes’ problems’. These strategies were designed without respecting indigenous peoples’ world views and concepts of good life. Consequently

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Adonis, Digna L., and Jen Couch. "<i>Ili</i>-based Community Organising: An Igorot Indigenous Peoples’ Concept for Grassroots Collaboration." Journal of Social Inclusion 9, no. 1 (2018): 58–70. http://dx.doi.org/10.36251/josi131.

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The growing demand for participatory community development approaches has greatly influenced the need to involve community people as active partners, rather than passive recipients of programs, projects and services. Participatory approaches operate on the premise that the local people are the ultimate change agents of their own communities and that their culture is an asset to their own development. For Indigenous communities, their Indigenous cultural and knowledge systems serve as tools for sustainable collaboration.This article discusses how the ili-based community organising concept was d

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Putri, Feny Yan. "Legal Certainty of Indigenous People's Land Rights of Former Customary Land Ownership Evidence After Its Validity Period Expires." International Journal of Law Dynamics Review 3, no. 1 (2025): 30–38. https://doi.org/10.62039/ijldr.v3i1.95.

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This article examines the legal protection afforded to holders of written proof of customary land ownership in Indonesia, especially after the enactment of Article 96 (2) of Government Regulation No. 18 of 2021, which states that the document is not valid after five years. The provision has raised serious concerns about the legal certainty and constitutional rights of indigenous peoples. Using normative juridical methods and conceptual approaches, this study analyzes the tension between state-imposed administrative requirements and the recognition of land tenure based on historically rooted cu

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Brunori, Margherita. "Protecting access to land for indigenous and non-indigenous communities: A new page for the World Bank?" Leiden Journal of International Law 32, no. 3 (2019): 501–16. http://dx.doi.org/10.1017/s0922156519000232.

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AbstractThe World Bank has reviewed its environmental and social policies at a moment of intense production of international instruments dealing with land tenure, all of which take the form of soft law. This endeavour is motivated by the progressive acknowledgement of the importance of secure and equitable access to land for the realization of human rights and food security. The latest contribution of the World Bank to this debate is of great significance. This article aims to unveil the effects that the new Environmental and Social Framework is likely to generate in this context. It analyses

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Dirwan, Ahmad, Mohammad Jamin, and Jadmiko Anom Husodo. "Indigenous Community Perspectives on Forest Area Protection Governance Policy." Journal of Sustainable Development and Regulatory Issues (JSDERI) 1, no. 2 (2023): 122–32. http://dx.doi.org/10.53955/jsderi.v1i2.12.

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The objective of this study is to objectively analyze and examine the legal protection of the community regarding the status of area land in West Lampung Regency. This research is sociolegal because it only determines law as a social phenomenon. This research was conducted in West Lampung Regency the research location was in Sukapura Village, Sumberjaya District, West Lampung Regency, and in the location of the forest land in the disputed area. The results of the authors can be concluded, firstly, that the regulation of tenure over forest area land in West Lampung Regency cannot provide legal

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Kusmayanti, Hazar, Sonny Dewi Judiasih, Dede Kania, and Dewi Sulastri. "A COMPARATIVE ANALYSIS OF THE INDONESIAN AND PHILIPPINE JUDICIAL SYSTEMS: IDENTIFYING THE ROLE OF CUSTOMARY COURTS." Cepalo 9, no. 1 (2025): 13–24. https://doi.org/10.25041/cepalo.v9no1.3677.

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Customary dispute resolution institutions in Indonesia and the Philippines serve to provide indigenous peoples with access to justice beyond state courts. This research, employing a normative juridical approach with a descriptive-analytical specification, highlights key differences between the two systems. In Indonesia, customary courts derive recognition from the 1945 Constitution, while in the Philippines, they are explicitly regulated under the Indigenous Peoples’ Rights Act (IPRA) of 1997, leading to greater integration with the national legal system. Indonesian customary courts handle a b

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Parks, Shoshaunna. "Winning Title to Land but Not to Its Past: The Toledo Maya and Sites of pre-Hispanic Heritage." International Journal of Cultural Property 18, no. 1 (2011): 111–29. http://dx.doi.org/10.1017/s0940739111000063.

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AbstractThe struggle for indigenous rights to pre-Hispanic cultural heritage parallels the struggle for indigenous land rights in Belize. By Belizean law, material objects and sites of activity older than 100 years in age are the property of the state. Similarly, land inhabited by indigenous communities in southern Belize is held in trust by the government. In 2007 the community of Santa Cruz in southern Belize won customary land tenure over their lands for the first time from the Belizean government. This change in land ownership presents new challenges to the definition of ownership of ancie

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Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.

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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary

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Almazan, Joefrey M., and Kurt Wanas Klyde Peningeo. "“Daga mi kataguan mi”: Discoursing Laudato Si’ Toward a More Meaningful Indigenous Theology of Land in the Cordilleras." Religion and Social Communication 23, no. 1 (2025): 80–100. https://doi.org/10.62461/jakp110624.

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There have been several instances in the Philippines where the government, sometimes in collaboration with private entities, has taken advantage of Indigenous lands for development projects. These situations often involve conflicts between the need for national development and the protection of Indigenous rights. These situations highlight the ongoing struggle between the government’s development agenda and the need to protect the rights and lands of Indigenous Peoples in the Cordillera and other parts of the Philippines. While development is necessary, it should be balanced with respect for I

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Amin, Fuad, Uzair Bin Jamaludin та Deden Ubaidillah. "Iḥyā' Al-Mawāt Dalam Mazhab Syafii Sebagai Landasan Hukum Kepemilikan Masyarakat Adat Atas Tanah Ulayatnya". Syariah: Journal of Fiqh Studies 3, № 1 (2025): 63–80. https://doi.org/10.61570/syariah.v3i1.127.

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This article analyzes the legal relevance of iḥyā' al-mawāt from the perspective of the Syafii Mazhab and contextualizes it against customary land, considering that both have similar characteristics in terms of the land tenure process. This research is essential to establish the legal force of customary land through the iḥyā' al-mawāt approach from an Islamic law perspective. To achieve this goal, the research method used is content analysis, which is classified as a qualitative method whose analysis is descriptive. Iḥyā al-mawāt is the management of land that is not owned and not utilized by

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Marah, Thomas Sheku. "Legal Protection of Indigenous Peoples Under International Environmental Law." Indonesian Journal of Law and Justice 2, no. 4 (2025): 18. https://doi.org/10.47134/ijlj.v2i4.4112.

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Indigenous peoples have a unique relationship with their environment, but they are under immense threat from environmental destruction, dispossession of land, and climate change. Even with the UNDRIP and CBD, although there are frameworks comprehensively defining their rights, protective measures lack adequate enforcement and are superficial at best. This article intends to focus on how much international environmental law extends in protecting an indigenous person's environmental rights by conducting a normative legal analysis of basic international treaties, case law, and regional human righ

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Nwobi, J. C., and M. A. Alabi. "Access to Land and Legal Security of Tenure: Implications and Impact on Rural Development in Abia State, Nigeria." Journal of Physical Science and Environmental Studies 7, no. 2 (2021): 15–21. http://dx.doi.org/10.36630/jpses_21004.

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In the rural and communal settings, land rights are culturally attached to indigenous peoples in Nigeria, especially the inhabitants of the southern part of the country. Culturally, the customary land tenure system has generic value and security in such ways that it could be transferred from one owner to owner without restrictions. Security of land tenure is a vital ingredient that enhances the transferability of greater altitudes of investment. The study adopted a random sampling method and selected 1,061 house-owners and administered a set of structured questionnaires that contained question

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SALEH, MOHAMMED ABDULLAH EBEN. "Alternative land management approaches in the highlands of south-western Saudi Arabia." Environmental Conservation 25, no. 4 (1998): 295–304. http://dx.doi.org/10.1017/s0376892998000381.

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There is debate world-wide over urbanization, structured planning, deforestation and land management; these issues are no less important in Saudi Arabia.State tenure of traditionally protected lands in Saudi Arabia has created gaps in the protection of the ecosystem and control of urbanization that indigenous peoples can fill. The present situation has emerged since 1932 when local control of resources was lost in the drive to unify the Kingdom politically. An alternative to the practised system of land management and planning is proposed. The alternative is that which recognizes indigenous pe

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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.

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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with co

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Demakota, Claudia Mouren, Welson M. Wangke, and Jenny ,. Baroleh. "INTERAKSI SOSIAL TRANSMIGRAN DESA WERDHI AGUNG DENGAN PENDUDUK ASLI DESA IBOLIAN DI KECAMATAN DUMOGA TENGAH." AGRI-SOSIOEKONOMI 13, no. 1A (2017): 239. http://dx.doi.org/10.35791/agrsosek.13.1a.2017.15649.

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This study aims to find out how cooperation, competition, conflict and accommodation between transmigration living in the village of Werdhi Agung with indigenous people in Dumoga Sub-district. This study was conducted from December 2016 to February 2017, starting from preparation to the formulation of the research report. The data used in the form of primary data and secondary data. This research is done by purposive sampling technique. The total respondents in this study were 40 people, who were the head of the family, consisting of 20 members of the transmigrant group from Bali and 20 member

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Mariano, Hermando Boymau Florensiana Resi Ngepi Benediktus Peter Lay. "Status Hukum Hak Atas Tanah Ulayat Antara Masyarakat Besipae dan Pemerinta Kabupaten Timor Tengah Selatan." Madani: Jurnal Ilmiah Multidisiplin 1, no. 6 (2023): 477–83. https://doi.org/10.5281/zenodo.8130774.

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<em>Ulayat rights are a unity with the legal community, especially in the Pubabu community, which will place these rights in their proper place, especially in the Indonesian state, this is stated in Article 3 of UUPA No. 5 of 1960.Ulayat rights are customary rights based on customary law that have been practiced for generations. The research method that the author uses is the normative juridical research method. This research uses a statutory approach problem (Statute-Approach) related to what the researcher wants to examine. The data and information of this research are primary and secondary

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Tsiouvalas, Apostolos. "Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms." Yearbook of Polar Law Online 11, no. 1 (2020): 245–72. http://dx.doi.org/10.1163/22116427_011010013.

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While legal progress on Indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of Indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these waters as accessible for each State’s citizens. In Norway, colonialism was not characterized by transoceanic settlement. The concept of establishing sovereignty in offshore areas attached to the land,

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Borde, Radhika, and Elisabet Dueholm Rasch. "Internationalized Framing in Social Movements against Mining in India and the Philippines." Journal of Developing Societies 34, no. 2 (2018): 195–218. http://dx.doi.org/10.1177/0169796x18767504.

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There are several documented cases of indigenous peoples’ conflicts with mining companies, often for the reason that the land planned for mining is sacred or culturally significant to them. This article presents a comparative analysis of two specific anti-mining social movements in India and the Philippines that combined an emphasis on environmental protection with an emphasis on indigenous cultural rights. We show how the emphasis on indigeneity in these social movements played itself out in relation to globalized frames, as well as the other frames within which the movements were also situat

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Simporios, Lloyd Lyndel. "Silenced Narratives: Assessing the Human Rights Situations of Indigenous Peoples in the Philippines." Journal of Interdisciplinary Perspectives 2, no. 5 (2024): 16–36. https://doi.org/10.5281/zenodo.10885908.

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<strong>Abstract. </strong>This article presents an analysis of the human rights situations experienced by many indigenous peoples (IPs) throughout the Philippines. Through an analysis of various sources, it uncovers a range of alarming violations of human rights confronted by IPs, including forced evictions and land grabbing, as well as the degradation of their cultural heritage. It also emphasizes the historical and inherent rights of IPs concerning ancestral territories and self-determination, as protected by national and international laws. A meticulous evaluation of the Philippine governm

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He, Yifan, Juan Pablo Baldiviezo, Arun Agrawal, Vicente Candaguira, and Ivette Perfecto. "Guardians of the Forests: How Should an Indigenous Community in Eastern Bolivia Defend Their Land and Forests under Increasing Political and Economic Pressures?" Case Studies in the Environment 3, no. 1 (2019): 1–14. http://dx.doi.org/10.1525/cse.2019.sc.946307.

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Many indigenous communities across Latin America depend on forests for livelihood. In eastern Bolivia, indigenous communities face increasing challenges in forest management due to insecure land tenure, lack of capacity, and state policies that favor extractivism and export-oriented agriculture. This case study examines the dilemma of forest management in the Guarayos Indigenous Territory, with a particular focus on the influence of conflictive policies under Evo Morales administration. Using a combination of literature reviews, semi-structured interviews, and land use/land cover analysis, we

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