PEMENUHAN HAK MASYARAKAT HUKUM ADAT DALAM HUKUM INVESTASI NASIONAL

OCTOVIANUS LAWALATA, 031070514 (2017) PEMENUHAN HAK MASYARAKAT HUKUM ADAT DALAM HUKUM INVESTASI NASIONAL. Disertasi thesis, Universitas Airlangga.

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Abstract

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).

Item Type: Thesis (Disertasi)
Additional Information: KKB KK DIS.H.17/17 Law p
Subjects: H Social Sciences > HM Sociology > HM(1)-1281 Sociology > HM711-806 Groups and organizations > HM756-781 Community
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K1000-1395 Commercial law > K1024-1132 Commercial contracts > K1112-1116 Investments
Divisions: 03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:
CreatorsEmail
OCTOVIANUS LAWALATA, 031070514UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorMUHAMMAD ZAIDUN, Prof. Dr., S.H., M.Si.UNSPECIFIED
Depositing User: mrs hoeroestijati beta
Date Deposited: 30 Oct 2017 23:31
Last Modified: 30 Oct 2017 23:31
URI: http://repository.unair.ac.id/id/eprint/65239
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