PRIORITY RIGHTS OF INDIGENOUS PEOPLE WITH RESPECT TO SUSTAINABLE TOURISM DEVELOPMENT

Abstract

This research is aimed to find out and analyse priority rights of existing indigenous people in accordance with Article 19 Paragraph (2) of Act Number 10 of 2009 concerning Tourism. Significant tourism development could help increase the revenue of indigenous people. This research employed normative method where statute, conceptual and several other approaches were employed in the research. The legal research materials used involved Acts, books, glossaries, encyclopedia, and others. The result of the research reveals that the priority rights of indigenous people exist only to meet the need of materials as the right of workers, consignment agreement, and management while there are still some other rights in terms of religious values, cultural indigenous values, rights to preserve the environment and to preserve natural resources. On the other hand, the regulation in Article 19 Paragraph (2) is not supported by Article 53 and Article 54 stating that those in charge of managing tourism industries are those officially certified by the Department of tourism and business certification body. In other words, the priority rights have not been perceived by those as addressed, as the articles mentioned are regarded incomplete in terms of their norms (incompleteness of norm); there is no further explanation either in the government regulation or in other forms of regulation, leading to the urgency of legal interpretation to implement it.

Keywords: priority right, indigenous community, tourism.