PROTECTION OF INDIGENOUS PEOPLES RIGHTS THROUGH CONSTITUTIONAL REVIEW AS PART OF THE EFFORTS TO REALIZE SUISTAINABLE DEVELOPMENT GOALS IN INDONESIA Dodi Haryono
Fakultas Hukum Universitas Riau Jln. Pattimura No. 9 Pekanbaru-Riau Phone : (0761) 22539 Fax : (0761) 21695
Abstract
One of the crucial SDGs goals is to strengthen an inclusive and peaceful society for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels. In Indonesia, the goal of the SDGs is to become one of the National MediumĀTerm Development Plan of 2015-2019 (RPJMN) targets that is to the realization of respect, protection, and fulfillment of human rights. The fulfillment of human right is shown by the increased handling of complaints of human rights violations. This paper explains the importance of protecting the rights of indigenous peoples as part of fulfilling SDGs- demands in the human rights sector, especially through the constitutional review (review act against the constitution) by the Constitutional Court. However, regulations related to SDGs in Indonesia have not provided a clear place for the Constitutional Court through constitutional review to take an active role in realizing SDGs. Likewise, several violations of the rights of indigenous peoples which have been resolved through constitutional review, various obstacles are still found related to the implementation of the Constitutional Courts decisions regarding this matter. Therefore, this paper recommends that constitutional review should be used as a juridical instrument to achieve the goals and objectives of the SDGs. Also, the Constitutional Courts decisions need to be used as a reference in harmonizing the laws and regulations in Indonesia, particularly related to protecting the rights of indigenous peoples, as part of efforts to realize SDGs in Indonesia.
Keywords: Indigenous Peoples Rights, Constitutional Review, Suistainable Development Goals
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