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Resource Nationalism in the Law and Policies of Indonesia: A Contest of State, Foreign Investors, and Indigenous Peoples

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posted on 2023-08-30, 16:46 authored by M. Y. Aiyub Kadir, Alexander R. J. Murray
This paper examines resource nationalism in the legal system of Indonesia under the interpretation of Articles 33(2), 33(3), and 18B(2) of the 1945 Constitution. It will describe the evolution of the meaning of resource nationalism since independence to the present day, in the context of foreign investment, to investigate the extent to which resource nationalism has benefited indigenous peoples. This paper argues that resource nationalism in the legal system of Indonesia has been driven by state-centric goals and has strayed far away from considerations of the benefits to the indigenous people (Masyarakat Hukum Adat/MHA), so as to dominantly benefit the elites of government and foreign investors. This paper will introduce a new conceptual framework in order to develop an effective argument about resource nationalism using International Human Rights Law.

History

Refereed

  • Yes

Volume

9

Issue number

2

Page range

298-333

Publication title

Asian Journal of International Law

ISSN

2044-2513

Publisher

Cambridge University Press

File version

  • Accepted version

Language

  • eng

Legacy posted date

2019-11-12

Legacy creation date

2019-11-13

Legacy Faculty/School/Department

Faculty of Business & Law

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