In Search of Recognition in Constitutional Court: Community’s Rights on Natural Resources in Indonesia’s Constitutional Court Decisions

Abstract

"This paper aims to describe how and why the Constitutional Court of the Republic of Indonesia has recognized or undermined the legal rights of communities over natural resources; then, it analyses the role of this Constitutional Court to Indonesia’s legal reform through its authority of legal review, in this case are Laws concerning natural resources. Due to the enhanced role of Constitutional Court in legal reform of developing countries, it is central to examine the extent to which Indonesia’s Constitutional Court would have a positive role in natural resources legal reform. This paper consists of four sections. Firstly, an introductory section that describes Indonesian political transition and its impact on the legal framework on natural resource; Secondly, a legal analysis on natural resources laws and their stipulations on communities; property rights; the extent to which the agenda of neo-liberalism has infiltrated into these laws. Thirdly, an analysis of the decisions of the Constitutional Court and their contributions to strengthen communities’ rights over natural resources. The last part concludes trends and factors determining Indonesia’s Constitutional Court to recognize or undermine communities’ rights on natural resources."