KAJIAN HUKUM TENTANG EFEKTIVITAS PENGATURAN MASYA- RAKAT 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.
Keywords: Keywords: -Customary Law Society, -Legislation, -Legal Politic