The Conception of Indigenous People in the Constellation of Indonesias Adat Law System
Sri Hajati(*); Oemar Moechthar; Regine Wiranata; Katherine Abidea Salim;
Faculty of Law, Universitas Airlangga
Jl. Dharmawangsa Dalam Selatan Surabaya 60285
* sri.hajati[at]fh.unair.ac.id
Abstract
The existence of Adat Law Communities in Indonesia is recognized through Article 18 paragraph (2) of the Indonesian Constitution. Within the international community, the United Nations has issued a declaration on 13 September 2007 recognizing the rights of indigenous communities, entitled the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The subjects of these municipal and international declarations are stated as one and the same by several scholars. However, upon further reading, it becomes apparent that the concept of Adat Law Communities in Indonesia has several differences with the general concept of Indigenous Communities. As such, this raises the question of whether the UNDRIP, among whose signatories is Indonesia, governs the rights of Adat Law Communities as acknowledged in the Indonesian Constitution; and in the event of a negative answer, what communities in Indonesia would be protected under the UNDRIP. This legal study is done for the purpose of comparing the ideals of Adat Law Communities- protection in Indonesia-s legal constellation, and compare its relevance and/or adequacy in light of the international Indigenous Communities legal regime.
Keywords: Adat Law, Indigenous People, Adat Law Communities, United Nations
Topic: Law, Police and Forensic