Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia

Research Article

Protection of Indigenous Peoples Law Based on the 1945 Constitution

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  • @INPROCEEDINGS{10.4108/eai.6-3-2021.2306460,
        author={Moh. Arif Hariyanto and Azis  Budianto},
        title={Protection of Indigenous Peoples Law Based on the 1945 Constitution },
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE  2021, March 6th 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2021},
        month={5},
        keywords={indigenous peoples; legal protection; the 1945 constitution},
        doi={10.4108/eai.6-3-2021.2306460}
    }
    
  • Moh. Arif Hariyanto
    Azis Budianto
    Year: 2021
    Protection of Indigenous Peoples Law Based on the 1945 Constitution
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-3-2021.2306460
Moh. Arif Hariyanto1,*, Azis Budianto1
  • 1: Borobudur University
*Contact email: ariefunboro@gmail.com

Abstract

The plurality in Indonesia is marked by the number of tribes that exist and inhabit its territory. Each tribe has a territory and customary laws that apply in the area. Many problems involve indigenous peoples about land, population, and governance issues, and lead to the marginalization of indigenous peoples. Through a normative approach, and using literature data related to the protection of indigenous peoples' laws based on the 1945 Constitution, it is found that the state recognizes, respects, and is responsible for indigenous peoples in the territory of Indonesia. The responsibility of the state is not only related to administration and its relationship with the state, but also to efforts to fulfill and protect the rights of indigenous peoples.