Balance in settings local investment between economic progress and protection of the rights of indigenous peoples
Study in north sulawesi, Indonesia
Keywords:
Investment, Economic Progress, Protection, Indigenous PeoplesAbstract
This research aims to find out What is the position of indigenous communities in regulating investment in the region. 2) What is the function of regional government in investment development and protection of the rights of indigenous communities. 3) What is the function of local regulation or regional regulations in investment in the region? By using normative legal research methods, research is carried out focused on local investment regulations. Implemented by local government. The research results show, 1) The position of indigenous communities in investment activities is unclear from pre-contact until implementation. Indigenous communities are not involved in expressing their opinions, nor are there any regional regulations made to protect the rights of indigenous communities. 2). The regional government does not function optimally in realizing a balance of protection between the rights of investors and the rights of indigenous communities in the distribution of investment profit sharing benefits. 3). This general regulation in the investment sector causes legal uncertainty to protect the rights of indigenous peoples in investment in the region, especially in North Sulawesi as the object of study. Conclusion, Investment regulations that do not balance the interests of investors and indigenous communities will damage the investment climate and the occurrence of resistance in the form of community rejection of investment.
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