Perlindungan Hukum Terhadap Masyarakat Adat Menurut The United Nations Declaration On The Rights Of Indigenous Peoples
ABSTRACK: Issues of
recognition of Indigenous People (which by the international worldis translated
by the term Indigenous Peoples (Ips) is a problem that has developedsince Ke
century - XIV. Indigenous Peoples (Ips) naturally have a genuine autonomy(original
autonomous powers) and rights to land (entitlesmens to land). ILO Convention
107 of 1957 concerning Indigenous and Tribal Nations that assumes that the
Indigenous People is the poorest people (Uncivilized Society) to be developed
into a modern society. Protection of Land Rights of Indigenous People in the
United Nations Declaration on Rights of indigenous peoples are reflected in
Article 26, while the Protection of Land Rights of Indigenous People in
Indonesia has beenpoured into the form of legislation relating to the
recognition of Indigenous People inIndonesia. Terms of recognition of customary
law communities along with theirtraditional rights is a form of acceptance
tertinggi.Sampai state as an organization of power today, customary rights
arrangements still sporadically scattered in various laws - laws in Indonesia,
all of which are aimed at providing legal protection of customary rights. But
it becomes unclear and cause various interpretations which are not adequate
with the aim, often negating the detriment of the rights of Indigenous People.
As for some of the problems related to communal rights are concerned: Management
Rights for Indigenous People and Land Rights Alliance for Indigenous People.
Penulis: DANIEL S NABABAN
Kode Jurnal: jphukumdd151203