Perlindungan Hak Masyarakat Adat Dalam Mengelola Lingkungan

Najwa Aulia Kusuma
Lena Dea Pitrianingsih

Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Vol. 2 No. 3 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik

It is impossible to disentangle customary law from the fabric of a community as it is an integral aspect of society as a whole. The national legal system in Indonesia also develops as society evolves in response to shifting social, cultural, economic, and political demands. Through the lens of positive legislation and field practices, this study adopts a juridical-sociological method to better understand how indigenous people's rights are legally protected in environmental management. By taking a legal stance, we may analyse the constitutional guarantees and statutes that protect indigenous peoples' rights from 1945 forward. At the same time, the sociological method seeks to understand indigenous populations' experiences with, reactions to, and advocacy for their right to a sustainable environment in light of these legislative obligations. The 1945 Constitution guarantees, in Article 18B paragraph (2).