Journal of Adat Recht
Vol. 3 No. 1 (2026): MAY - JOAR

Recognition and Protection of Indigenous Peoples in Public Policy: Analysis of the Implementation of National Regulations

Ari Purwadi (Universitas Wijaya Kusuma Surabaya)



Article Info

Publish Date
29 May 2026

Abstract

Indigenous peoples are social groups with a long history, distinctive culture, and deep ties to their ancestral territories. In Indonesia, the recognition and protection of indigenous peoples has been normatively guaranteed through various legal instruments, ranging from the 1945 Constitution of the Republic of Indonesia to a number of sectoral laws and regulations. However, the implementation of these regulations in public policy practice still faces various structural, institutional, and cultural challenges. This article aims to analyze in depth the extent to which national regulations have provided real protection for indigenous peoples and to identify the obstacles that cause gaps between legal norms and realities on the ground. This research uses a normative juridical method with a legislative and conceptual approach, supplemented by empirical studies in the form of literature studies of various court decisions, reports from national and international institutions, and previous research. The results show that although the formal legal framework is quite comprehensive, its implementation is still hampered by unmanaged legal pluralism, weak synchronization between state institutions, minimal participation of indigenous peoples in the legislative process, and the hegemony of economic growth-based development that often sacrifices indigenous rights. This article concludes the need for comprehensive policy reform, including the creation of specific laws for indigenous peoples, strengthening of mentoring institutions, and the active involvement of indigenous peoples in every stage of public policy.             

Copyrights © 2026






Journal Info

Abbrev

JOAR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Adat Recht is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritising the originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish ...