Arah Politik Hukum Pertanahan Nasional dalam Menghadapi Investasi dan Perlindungan Hak Masyarakat Adat

The Direction of National Land Law Policy in Addressing Investment and the Protection of Indigenous Peoples' Rights

Abstract

Policies aimed at accelerating investment often give rise to agrarian conflicts, particularly regarding the rights of customary law communities that maintain historical, social, cultural, and spiritual ties to their customary territories. This condition demonstrates the need for a national land law policy capable of balancing investment interests with the protection of indigenous peoples' rights. This study aims to analyze the direction of Indonesia's national land law policy in supporting investment, examine the legal protection afforded to indigenous peoples within the national land policy framework, and formulate an ideal land law policy that balances investment interests with the protection of indigenous peoples' rights. This research employs normative legal research using statutory, conceptual, and historical approaches. Legal materials were analyzed qualitatively through library research, including legislation, court decisions, books, and scholarly journals. The findings indicate that the current national land law policy is primarily oriented toward improving the investment climate through regulatory simplification and legal certainty. However, its implementation continues to face challenges, including agrarian conflicts and inadequate protection of indigenous peoples' rights. Therefore, the national land law policy should be reoriented toward an equitable investment model by strengthening the legal recognition of indigenous peoples, harmonizing land-related regulations, implementing the Free, Prior and Informed Consent (FPIC) principle, and promoting sustainable development grounded in agrarian justice and respect for the constitutional rights of indigenous peoples.