Protection of Indigenous Peoples Rights after the Enforcement Of Village Law in Indonesia

Abstract

The State recognizes and respects the unity of indigenous peoples with their conditional rights. The protection of indigenous peoples in sectoral legislation related to natural resources gives state power as Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia through the right of state control and indigenous peoples governance in the form of customary villages by applying legal pluralism. The constitutional protection is not in line with the condition of indigenous peoples in the control and management of agrarian resources. They are always defeated with various arguments for economic growth and investment. The existence of Law of the Republic of Indonesia Number 6 Year 2014 on Village has given recognition of customary village institutions, but still weak in terms of utilization of natural resources owned.

Keywords: protection, indigenous peoples, traditional rights