Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy
The recognition and protection of indigenous peoples in Indonesia remain uncertain due to the absence of ratified laws specifically addressing their rights. This lack of legal instruments undermines their recognition and protection, leading to uncertainty regarding their traditional rights. This art...
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| Format: | Article |
| Language: | English |
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Universitas Islam Negeri Alauddin Makassar
2024-03-01
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| Series: | Alauddin Law Development Journal |
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| Online Access: | https://journal.uin-alauddin.ac.id/index.php/aldev/article/view/44923/19585 |
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| author | Andika Prawira Buana Muhammad Arsy |
| author_facet | Andika Prawira Buana Muhammad Arsy |
| author_sort | Andika Prawira Buana |
| collection | DOAJ |
| description | The recognition and protection of indigenous peoples in Indonesia remain uncertain due to the absence of ratified laws specifically addressing their rights. This lack of legal instruments undermines their recognition and protection, leading to uncertainty regarding their traditional rights. This article aims to identify potential arrangements for derivative regulations to address this gap. Normative legal research, employing a legislative and conceptual approach, was utilized. The findings suggest that while legal recognition of indigenous peoples exists in various laws, regional regulations tailored to local conditions are necessary. However, there's no consensus on which regulations should serve as the basis for these regional laws. Recommendations propose that the Agrarian Law, Human Rights Law, Village Law, and Job Creation Law could inform regional regulations to recognize, protect, and fulfill the traditional rights of indigenous peoples, thereby mitigating dualism of authority. |
| format | Article |
| id | doaj-art-6d2ce74331ab4d1a8fd3a95b26fdbb9d |
| institution | OA Journals |
| issn | 2714-8742 2686-3782 |
| language | English |
| publishDate | 2024-03-01 |
| publisher | Universitas Islam Negeri Alauddin Makassar |
| record_format | Article |
| series | Alauddin Law Development Journal |
| spelling | doaj-art-6d2ce74331ab4d1a8fd3a95b26fdbb9d2025-08-20T01:48:26ZengUniversitas Islam Negeri Alauddin MakassarAlauddin Law Development Journal2714-87422686-37822024-03-016Vol. 6 No. 1 (2024): Social Justice Issues in The National and Global Context117125https://doi.org/10.24252/aldev.v6i1.44923Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal HierarchyAndika Prawira Buana0Muhammad Arsy1Universitas Muslim IndonesiaUniversitas Muslim IndonesiaThe recognition and protection of indigenous peoples in Indonesia remain uncertain due to the absence of ratified laws specifically addressing their rights. This lack of legal instruments undermines their recognition and protection, leading to uncertainty regarding their traditional rights. This article aims to identify potential arrangements for derivative regulations to address this gap. Normative legal research, employing a legislative and conceptual approach, was utilized. The findings suggest that while legal recognition of indigenous peoples exists in various laws, regional regulations tailored to local conditions are necessary. However, there's no consensus on which regulations should serve as the basis for these regional laws. Recommendations propose that the Agrarian Law, Human Rights Law, Village Law, and Job Creation Law could inform regional regulations to recognize, protect, and fulfill the traditional rights of indigenous peoples, thereby mitigating dualism of authority.https://journal.uin-alauddin.ac.id/index.php/aldev/article/view/44923/19585ambivalenceindigenous peopleregulationsrights |
| spellingShingle | Andika Prawira Buana Muhammad Arsy Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy Alauddin Law Development Journal ambivalence indigenous people regulations rights |
| title | Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy |
| title_full | Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy |
| title_fullStr | Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy |
| title_full_unstemmed | Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy |
| title_short | Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy |
| title_sort | ambivalence in the regulation of indigenous peoples rights in indonesia s legal hierarchy |
| topic | ambivalence indigenous people regulations rights |
| url | https://journal.uin-alauddin.ac.id/index.php/aldev/article/view/44923/19585 |
| work_keys_str_mv | AT andikaprawirabuana ambivalenceintheregulationofindigenouspeoplesrightsinindonesiaslegalhierarchy AT muhammadarsy ambivalenceintheregulationofindigenouspeoplesrightsinindonesiaslegalhierarchy |