Research Article
Traditional Village as Legal Subject of Culture Owner from The State Constitution Perspective and Legal Pluralism
@INPROCEEDINGS{10.4108/eai.28-10-2022.2326384, author={Ni Ketut Sari Adnyani and I Wayan Landrawan and Dewa Ayu Eka Agustini}, title={Traditional Village as Legal Subject of Culture Owner from The State Constitution Perspective and Legal Pluralism}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia}, publisher={EAI}, proceedings_a={ICLSSE}, year={2023}, month={1}, keywords={traditional villagel culture the theory of legal pluralism territorial area}, doi={10.4108/eai.28-10-2022.2326384} }- Ni Ketut Sari Adnyani
I Wayan Landrawan
Dewa Ayu Eka Agustini
Year: 2023
Traditional Village as Legal Subject of Culture Owner from The State Constitution Perspective and Legal Pluralism
ICLSSE
EAI
DOI: 10.4108/eai.28-10-2022.2326384
Abstract
The Constitution of the Republic of Indonesia Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia has the position of restructuring the relationship between the state and citizens in terms of respect and recognition of customary law community units in the constitutional system of the Republic of Indonesia. The embodiment of state recognition of the existence of traditional villages, namely that Indonesia has ratified Law no. 11 of 2005 concerning the Ratification of the Covenant on Economic and Cultural Rights. Sociological facts show that traditional villages still need to be included in managing cultural assets in their territorial areas. The existence of traditional villages is very much needed as a means of developing and preserving local wisdom, customs, and cultural values. They are using a futuristic approach to examine legal pluralism towards the dynamics of the customary law community units in several regions of Indonesia that still require textual and contextual recognition. The constitution provides a logical place for traditional villages as subjects of cultural owners as a reflection of legal pluralism.