Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

Identification and Defense of Local Communities Through the Village's Original Authority

Ahmad Yamin (Fakultas Hukum, Universitas Teknologi Sumbawa)



Article Info

Publish Date
24 Dec 2024

Abstract

Article 18B(2) of the 1945 Indonesian Constitution recognizes customary law communities and their traditional rights as long as they are alive and in accordance with the laws and regulations implemented with the birth of Law Number 6 of 2014 concerning Villages, which gives villages genuine autonomy to recognize and protect indigeous people. This research aims to 1) determine how the authority of origin recognizes and protects customary law communities and 2) how villages recognize and protect them through village rules. This study uses normative empirical methods. collect data and study documents, legal ideas and concepts, statutory regulations, legal dictionaries, and scientific works about the research issue. Data analysis in this research using main legal materials Analyze secondary laws synced with observations. This research uses qualitative analysis to explain and describe the regulations for recognizing and protecting customary law communities through village origin authority, then draws conclusions from primary and secondary legal materials. According to the research, the village can recognize and safeguard the customary law community through Village Regulations. as done by Lawin village by Village Regulation Number 1 of 2020 recognizing and protecting the Cek Bocek indigenous population. This research found that villages can recognize and protect indigenous communities through their authority of origin, which is specified in village regulations.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...