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indigenous peoples, and / or natural disasters,
social calamities, and economic inadequacies".
9) Law Number 23 on 2014 about Regional
Government;
10) Law Number 39 on 2014 about Plantations;
11) Government Regulation Number 78 on 2011
about Ratification of Convention on the
Protection and Promotion of the Diversity
Cultural Expressions (Kovensi on Protecting and
Promoting Cultural Expression Diversity);
12) Regulation of the Minister of Agrarian Affairs /
Head of National Land Agency Number 5 Year
1999 concerning Guidance on Completion of
Problem on Customary Land Rights of Adat Law;
Article 1 "hak ulayat that is authority which,
according to customary law, belongs to a certain
customary law community over a certain area
which is the environment of its citizens to take
advantage of natural resources, including land in
the territory for their survival and life, inner and
outward and inherent between the people of the
customary law and the territory concerned ".
Article 2 "the exercise of customary rights
insofar as they still exist, is committed by the
indigenous peoples concerned in accordance with
the provisions of local customary law. The ulayat
right of customary law community is still exist if:
There is a group of people who still feel
bound by their customary legal order as
citizens with a certain legal partnership that
recognizes and implements the terms of
fellowship in daily life;
There are certain ulayat lands that are the
environment of the citizens of the legal
community and where they take their daily
necessities; and
There is a customary law arrangement
regarding customary land ownership,
control and use of communal land and
obeyed by the citizens of the law
community.
13) Regulation of the Minister of Home Affairs
Number 52 on 2007 concerning Conservation and
Development of Customs and Social Values of
Cultural Society;
14) Regulation of the Minister of Home Affairs
Number 52 on 2014 concerning Guidelines for the
Recognition and Protection of Indigenous
Peoples.
Indigenous and tribal peoples are societies that
can not be separated from society as part of
society in general but have characteristic and
characteristic which is distinct and different from
each other. Discussion on indigenous and tribal
peoples can not be separated from the law, adat
law as an integrated part of the indigenous system.
Each customary law community has different
legal and cultural characteristics and then
different copyrights, works and initiatives.
Koentjaraningrat means that the word "culture" is
derived from the Sanskrit word buddhayah, i.e.
the form of jama from buddhi meaning "mind" or
"mind". Thus culture can be interpreted as "things
with reason". More Koentjaraningrat said that the
culture there are three manifestations, namely
(Koentjaraningrat, 2013):
The form of culture as a complex of ideas,
ideas, values, norms, rules and so on.
The form of culture as a complex of activity
and the patterned actions of humans in
society.
Beings of culture as objects of human works.
The recognition and protection of indigenous and
tribal peoples and their traditional rights is done
through the establishment of legislation both at the
central and regional levels. The recognition of
indigenous and tribal peoples other than
constitutional mandate is also a social reality that is
not omitted or ignored by the state as an organization
of power. Dewi Sulastri said that the social reality of
Indonesian society shows that there is more than one
legal system that effectively works to regulate the life
of the people, in this case based on the reality of
socio-cultural pluralism that is often claimed as the
characteristic of this nation (Sulastri, 2015). One form
of social-cultural pluralism that led to the existence of
a legal system outside the formal legal system that the
state is the existence of the existence of indigenous
peoples with customary law system. As part of the
social reality of Indonesia, the existence of these
indigenous peoples clearly can not be undermined its
meaning, even then the tendency that their existence
must be maintained and strived to be more prominent
as a result of the introduce cultural rights as part of
the human rights that have become the agreement
together in the association of the nations of the world
to be obeyed.
The fulfilment of the rights of indigenous and
tribal peoples is a form of the constitutional rights of
citizens individually or collectively. Some rights of
indigenous and tribal peoples are rights relating to the
existence and sustainability of daily life (customary
law community life), these rights consist of:
Recognition and protection of rights in the form
of music art, art, sculpture, clothing and other
forms of work of indigenous and tribal peoples;
Acknowledgment and protection of rights in the
form of traditions carried out from generation to
Fulfillment of Indigenous Community Rights through the Formulation of Regional Regulation
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