Legal Framework of Recognition of Indigenous People Rights Over Land Rights

Abstract

The law is not only about the rules and how to maintain it, but it is also a legal rule that must be justified by common sense, whether it is worth, (right, good, worthy) for humans (individuals or groups)... Exploitation of the natural resources has lead to many cases, causing casualties among the people and the security forces. The main cause is the violation of the rights of indigenous people on their own land. Constitutional Court Decision particularly in testing the law against the 1945 Constitution has clarified the meaning of the principle that state has preserved rights to rule the earth, water, space and natural riches contained therein which mentioned in Article 33 paragraph (3). It dose not mean that state owned it, inspite the State only formulate policies (beleid), make regulations (regelendaad), perform maintenance (bestuurrdaad), managing (beheerdaad), and control (toezichthoudendaad).Therefore, legal framework will put in 3 (three) approaches, as followings: (1) international laws; (2) national laws either in form of law or the Government Decree; and (3) the lOcal Reulation called PERDA.

Keywords: Legal Framework, Recognition of Indigeneous People Rights, and Land Rights.