Dynamics Of Legal Recognition In Indigenous Peoples Under Law Of Forestry Construction

Abstract

Political developments and the struggle of indigenous peoples and indigenous as well as supporters in the national and international levels, created the ILO Convention No. 169 commonly known as the "Convention on Indigenous People Right", namely the convention on indigenous peoples and indigenous people in independent countries. The Convention was approved by 328 countries, one State against and 49 countries abstained, which underlines the implementation of human rights in general for the community customary law, also establishes the right to determine the identity, as well as determining the appropriate education of their values. They are entitled to decide the shape and development priorities, including the right to refuse development. ILO Convention 169 states customary law communities have the right to land and natural resources. Recognition of indigenous peoples, especially the juridical recognition is inseparable from the political dynamic, both in the context of national politics, cultural and political development in general. Therefore, some rules legislation issued sometimes showing obscurity recognition, or even to the efforts denial to the existence of indigenous peoples. State law and local law is the legal system that in reality there is. The state does have the right to make the adjustment to its citizens, but it does not mean that the existing legal system in the community should be replaced in its entirety by the legal system of the country. Especially when you consider that the law is the identity of a community. The placement of state law as the law is the most correct, the implications are not given the place for another law in state law. Even if the existence of other laws recognized, but still was placed on a view that inferior when compared with the laws that come from the state. Therefore, a state law that paradicmatic positivism does not see legal pluralism as a necessity and not be used as the main ideology.
Keywords: customary law community, recognition, forestry law, legal pluralism