LEGAL PROTECTION FORINDIGENOUS PEOPLE'S RIGHTS IN INDONESIAN LAW

Abstract

The Unity of the Customary Law Community (KMHA) has a very important
role in its position as an entity or legal entity recognized in the Unitary State of the Republic
of Indonesia (NKRI). Apart from its existence which existed even before the existence of the
Republic of Indonesia was established, it is more than the Customary Law contributes to the
development of the Indonesian National Law to be imbued with the souls of the people of the
archipelago.Objectives: The purpose of this study explains the legal protection of indigenous
people’s rights and tribal peoples regulated in the laws and regulations and the resolution of
disputes for indigenous peoples receiving legal protection.Methods: The study methods used
were qualitative normative legal research, statute approach, conceptual approach, and
historical approach.Results: The results of the study revealed that an example of two real
violations cases of KMHA rights that occurred in Indonesia can still be seen that the legal
protection of the rights of Indigenous Peoples is regulated in Indonesian laws and regulations.
However, in the course of recognition of KMHA many encountered problems, especially in
development policies in Indonesia, either with the government in power or the private sector
which is associated with the recognition of the rights of KMHA itself.Conclusion: Indonesian
laws and regulations are proven to regulate the customary law community. These laws and
regulations relate to the existence of the Customary Law community as a legal entity of a
country and the traditional rights attached together with the recognition that the protection of
the community's rights Customary Law is regulated in legislation and criminal provisions
must refer to the applicable criminal law provisions in Indonesia.