Kadir_Murray_2019.doc (311 kB)
Resource Nationalism in the Law and Policies of Indonesia: A Contest of State, Foreign Investors, and Indigenous Peoples
journal contribution
posted on 2023-08-30, 16:46 authored by M. Y. Aiyub Kadir, Alexander R. J. MurrayThis 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
9Issue number
2Page range
298-333Publication title
Asian Journal of International LawISSN
2044-2513External DOI
Publisher
Cambridge University PressFile version
- Accepted version
Language
- eng
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Legacy posted date
2019-11-12Legacy creation date
2019-11-13Legacy Faculty/School/Department
Faculty of Business & LawUsage metrics
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