CD Skripsi
Kajian Hukum Tentang Efektivitas Pengaturan Masyarakat Hukum Adat Mengenai Perlindungan Hak-Hak Tradisional Dalam Perspektif Hak Asasi Manusia Di Indonesia
ABSTRACT
One of the implementations of people's sovereignty is the implementation of
the protection of the traditional rights of indigenous and tribal peoples based on
human rights, abbreviated as HAM. Indonesia is known as a nation rich in customs
and culture. The existence of indigenous peoples who have even existed since before
the unitary state of the Republic of Indonesia existed, it is still difficult to get
recognition and protection, including protecting their customary territories.
This type of research can be classified into normative research, namely
finding the truth of coherence, that is, are there legal rules according to legal norms
and are there norms in the form of orders or prohibitions that are in accordance with
legal principles and whether a person's actions are in accordance with legal norms
or in legal research called research on legal principles (not just in accordance with
the rule of law) or legal principles.
From the results of the research problem there are two main things that can
be concluded. First, the regulation on the protection of indigenous peoples is a legal
policy in an effort to protect the human rights of indigenous peoples made by the
Government in the form of laws and regulations based on philosophical, sociological
and juridical aspects, but the current ones are not optimal and in accordance with
Pancasila and what is aspired to. by the 1945 Constitution of the Republic of
Indonesia.,. Second, the ideal concept of legal politics to protect the rights of
indigenous peoples based on human rights principles is to harmonize and
synchronize existing laws and regulations because the political law to protect the
rights of indigenous peoples in the regions does not yet have clear regulations. The
author's suggestion is First, the President together with the DPR must immediately
pass the Draft Law on indigenous peoples so that the legal certainty for the
recognition of indigenous peoples is more secure. Second, the National Legal
Development Agency must review the laws and regulations governing indigenous and
tribal peoples so that there are no multiple interpretations of the rights of indigenous
and tribal peoples so that there are no more crimes against the human rights of
indigenous and tribal peoples committed by entrepreneurs using instruments. Laws
and regulations that are not harmonious with one another.
Keywords : Keywords: -Customary Law Society, -Legislation, -Legal Politic
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