Yulia Neta, Yulia and Rudi, Wijaya and Tia, Nurhawa (2019) Urgent Construction of Indigenous Village Regulation in Indonesia. In: International Conference on Fundamental Rights (I-Coffees), 7 September 2018, Novotel, Bandar Lampung.

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Abstract

Discourses on indigenous law and its related aspects in Indonesia have experienced long dynamics. The provisions of the Indonesian Constitution itself have mandated the state to acknowledge and respect the unity of indigenous and tribal peoples in Indonesia under certain conditions. Practically, those acknowledgement and respect were regulated by several laws; including Law No. 6 of 2014 on Villages. The spirit of acknowledging rights of village origin, either actualized by recognizing another type of village which is the traditional village. In the event of reviewing, provisions on indigenous villages in Law No. 6 of 2014 on Villages, it means to strengthen the status and position of indigenous peoples. Using the dogmatic normative legal research method, this paper seeks to elaborate the contemporary construction of indigenous village regulation in Indonesia along with the problems encountered. The results of this study at least give the conclusion that; firstly, the indigenous village is a manifestation of the rights of the origin of rural communities which is inhabited by indigenous peoples, thereby it is strengthening the position of indigenous peoples. Secondly, the authority of indigenous village regulation, which is the joint responsibility between the Government, Provincial and Regency/Municipal Governments, is concentrated on Regency/Municipal Government. Thirdly, the main problem faced in indigenous village regulation is the unclear acknowledgment mechanism of indigenous peoples, because of their scattered regulation in several sectoral laws.

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: YULIA NETA
Date Deposited: 08 Feb 2019 02:06
Last Modified: 08 Feb 2019 02:06
URI: http://repository.lppm.unila.ac.id/id/eprint/10699

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