Karya Ilmiah
DISERTASI (182) - Pemenuhan Hak Masyarakat Hukum Adat Dalam Hukum Investasi Nasional
This dissertation raised the issues being examined and analyzed are
related to the fulfillment of the Rights of Indigenous People in National
Investment Laws. The central issue is divided into two (2) legal issues: First. The
principle of the protection and fulfillment of the rights of indigenous people in the
national investment laws and the Second, customary law community involvement
through national investment improvement.
The type of research in this dissertation is the study of law or normative
legal research. The approach used is a conceptual approach, the approach of
legislation, case-based approach and a human rights approach. A human rights
approach is used to analyze the protection and fulfillment of customary law
communities and the rights of indigenous communities as human rights. In accordance with nature of normative legal research, then the source
material used law is the primary legal materials and secondary materials. The use
of materials of this law are how to analyze and interpret that is focused on the
protection and fulfillment of customary communities in national investment law
that would occur in the development in the era of globalization.
In the interpretation of the legal materials above are used in a way such
as: 1). Digniatik done at the level of description systematizes and the analysis and
evaluation of the legislation in the field of investment and human rights connected
with a investment in order to protect and fulfill the rights of indigenous people. 2).
At the level of legal theory analyzed the legal principles and legal theories which
form the basis of investment arrangements in the context of national and adjusted
to the principles of human rights in the context of fulfilling the rights of
indigenous people. 3). At the philosophical level will be Analyzed the need for an
improvement of law in Law No. 25 Year 2007 on Investment, pertaining to the
protection and fulfillment of customary law communities and the rights of
customary law communities, as well as customary law community involvement in
investment activity (investment).
Keywords: community customary law, investment law
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