Malaysian Journal of Syariah and Law (Apr 2024)

LAND AS THE SOUL OF THE NATION: IMPLICATIONS OF THE TRANSITION OF LAND STATUS IN THE TALANG MAMAK CUSTOMARY LAW COMMUNITY

  • Hengki Firmanda,
  • Mahmud Hibatul Wafi,
  • Mark Woodward,
  • Dina Imam Supaat,
  • Erlies Septiana Nurbani,
  • Sudjito

DOI
https://doi.org/10.33102/mjsl.vol12no1.484
Journal volume & issue
Vol. 12, no. 1

Abstract

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The land reflects the identity and spirit of the nation that are ingrained in the life of the Talang Mamak indigenous community, in addition to serving as an economic resource. Change in land status has several implications for their relationship with the land and its management. The purpose of this study is to examine the position of land for the Talang Mamak indigenous people. In addition, it analyses the implications of changing the status of land from customary forest to national park forest. This qualitative study employs the sociological law research approach by looking into the legal facts of the indigenous society of Talang Mamak in light of their relationship, ownership, and management of land. The main finding of this study is that the value of that land, due to its significant meaning and position, cannot be isolated from the Talang Mamak indigenous people. Nevertheless, the change in land status has created gaps and limited rights in forest management, highlighting several implications for the identity of the Talang Mamak indigenous people.

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