Wijaya, Rudi and Lukman Hakim, Rudy THE PROTECTION OF INDIGENOUS PEOPLE’S CONSTITUTIONAL RIGHTS: CASE OF KASEPUHAN CIPTAGELAR. In: International conference 2nd SHIELD 2017, 18-20 September 2017, Bandar Lampung. (In Press)

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Abstract

The Indigenous People’s is a society entity that maintains its ancestral life order, which historically existed before the Unitary State of Indonesia was proclaimed. The Indonesian Constitution has guaranteed the constitutional rights of all citizens, including the indigenous people’s. Article 18B Paragraph (2) of the 1945 Constitution has rescued that it has mandated that the state recognize and respect the traditional rights of indigenous people’s as long as it is alive and in accordance with the development of society and the principle of Republic Indonesia. In practice, the constitutional rights of indigenous people’s are violated and discriminated against by various parties. However, until now there is no legislation act that explicitly regulates the indigenous people’s and the protection of its rights. To date, the regulation of indigenous people’s is partially regulated in various laws and regulations, which are predominantly in the forestry sector. One of indigenous people’s which is still alive and developing is Kasepuhan Ciptagelar society in West Java. In fact, the Kasepuhan community themselves often experience discriminatory acts. Thus, the government needs a stronger effort in realizing the indigenous people’s constitutional guarantees in field practice. This research aims to examine the implementation efforts of indigenous people’s protection in Kasepuhan Ciptagelar, by analyzing the cases that occurred that correlated with existing regulations. In addition, this study also provides some insertion in refining the regulations on indigenous people’s protection. Keywords: Indigenous People’s, Constitutional Rights, Kasepuhan Ciptagelar

Item Type:	Conference or Workshop Item (Paper)
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Divisions:	Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User:	RUDY
Date Deposited:	16 Nov 2017 07:00
Last Modified:	16 Nov 2017 07:00
URI:	http://repository.lppm.unila.ac.id/id/eprint/4315

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