LAW AND POLICY RECOGNITION AND PROTECTION OF INDIGENOUS PEOPLES RIGHT IN INDONESIA

Abstract

This article will describe Indigenous People’s as legal subjects whose existence has been recognized by the constitution of the Republic of Indonesia in Article 18 B paragraph (2) of the 1945 Constitution, which clearly states that "The State recognizes and respects the units of Indigenous Law Communities and their rights." traditional as long as it is still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in the Law"; Apart from that, recognition and protection for Indigenous People’s and their traditional rights should be realized. This is also clearly regulated in Article 28 I of the 1945 Constitution. Even though the existence of culture has always been shown, Indigenous Peoples are still struggling to pass legislation which specifically regulates the recognition and protection of the rights of indigenous peoples through the draft act of indigenous people’s right have not yet fulfilled in Indonesia.