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Original Research

JURIDICAL STUDIES RECOGNITION OF INDIGENOUS PEOPLES' RIGHTS POLITICAL LEGAL PERSPECTIVE

JERMIAS RONTINI 1, YUSRIADI 2, and SUKIRNO 3.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10902438   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1099-1110   |   Published on: 30-03-2024

Abstract

The purpose of this study is to analyze: 1) How are indigenous peoples' rights a politically legal perspective? 2) How is the recognition of indigenous peoples' rights a politically legal perspective?. The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The system of laws and regulations in Indonesia, regulation of indigenous peoples' rights is carried out sectorally. This indicates that indigenous peoples are placed as objects of sectoral interest in the administration of the State. As a result, each sectoral law lists arrangements regarding indigenous peoples according to their importance. This is where conflicts between indigenous peoples and third parties have always been the estuary. Law No. 41 of 1999, Law No. 11 of 1967 concerning Mining, Law No. 18 of 2004 concerning Plantations, Law on Management of Coastal Areas and Small Islands, Law No. 32 of 2009 concerning the Environment, Law No. 41 of 1999 concerning Forestry and Basic Agrarian Law are a number of laws that list the regulation of indigenous peoples in marginal positions. 2) Recognition of customary law peoples' rights to land is not only limited to the form of recognition in State law, but because factually Indonesian society is plural. Then recognition can also be obtained through the law that lives in the community, namely customary law.


Keywords

Study, Juridical, Recognition, Rights, People, Customary, Perspective, Political, Legal.