Journal of Adat Recht
Vol. 1 No. 1 (2024): MEI-JOAR

Indigenous Peoples and the Constitution: Implementation of Traditional Rights Recognition in Modern Legal Foundations

dwi, seffiani (Unknown)



Article Info

Publish Date
27 May 2024

Abstract

This article critically examines the historical and legal trajectory of indigenous peoples' rights recognition within the Indonesian Constitution. Drawing on insights from the theory of customary law rights recognition, as elucidated by constitutional scholars reflecting on the struggles of indigenous communities in Latin American contexts, it reveals a notable gap: despite containing elements of rhetorical support, none of Indonesia's Constitutions fully acknowledge or safeguard indigenous peoples' rights. This deficiency has allowed the state considerable latitude to disregard ancestral rights under the pretext of national interest. To address this, a reinterpretation of constitutional provisions pertaining to indigenous rights is advocated, grounded in the ethos of Indonesian unity amidst diversity. Without such a reinvigorated approach, the risk of further erosion or outright negation of indigenous rights looms large.

Copyrights © 2024






Journal Info

Abbrev

JOAR

Publisher

Subject

Chemistry Languange, Linguistic, Communication & Media Other

Description

Journal of Adat Recht (JOAR) is a peer-reviewed open access international journal established for the dissemination of cutting-edge knowledge in the field of customary law. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers ...