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

Kadir, M. Y. Aiyub and Murray, Alexander R. J. (2019) Resource Nationalism in the Law and Policies of Indonesia: A Contest of State, Foreign Investors, and Indigenous Peoples. Asian Journal of International Law, 9 (2). pp. 298-333. ISSN 2044-2513

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Official URL: https://doi.org/10.1017/S204425131900002X

Abstract

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.

Item Type: Journal Article
Faculty: Faculty of Business & Law
Depositing User: Lisa Blanshard
Date Deposited: 12 Nov 2019 15:54
Last Modified: 14 Nov 2019 16:07
URI: http://arro.anglia.ac.uk/id/eprint/704966

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