Indigenous Peoples in Indonesia’s Constitutionalism Context

Triyanto, Rima Vien P. H.

2018

Abstract

Focus of this research is examine the position of indigenous peoples in the context of Indonesian constitutionalism. This research is theoretical using literature review method based on literature and combined with bibliographic research that focuses on the ideas contained in the theory. This study shows normatively Indonesia still recognises the exixtence of Indonesian indigenous peoples as evidenced by the wording of the Indonesian 1945 Constitution Article 18B (2) and 28i (3). The arrangement of indigenous peoples to date has also spread in various laws and regulations. Characteristics of existing legislation are sectoral, contestation. From a number of legislation on indigenous peoples, it can be seen that the situation of irregularity that raises many interpretations about the position of indigenous peoples and their social units. The conclusions of this study indicate that understanding indigenous peoples in the context of Indonesian constitutionalism is not limited to understanding the articles of the constitution, but rather placing on the dynamics of legal politics, namely how the law (product of the constitution to operational rules) and its control (development function, law enforcement) and the system it must not completely suppress the rights of indigenous peoples. So the entrance of indigenous peoples in the context of Indonesian constitutionalism is against all forms of oppression and rights of indigenous peoples.

Paper Citation

in Harvard Style

Triyanto. and P. H. R. (2018). Indigenous Peoples in Indonesia’s Constitutionalism Context. In Proceedings of the Borneo International Conference on Education and Social Sciences - Volume 1: BICESS, ISBN 978-989-758-470-1, pages 482-485. DOI: 10.5220/0009022900002297

in Bibtex Style

@conference{bicess18,
author={Triyanto and Rima Vien P. H.},
title={Indigenous Peoples in Indonesia’s Constitutionalism Context},
booktitle={Proceedings of the Borneo International Conference on Education and Social Sciences - Volume 1: BICESS,},
year={2018},
pages={482-485},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009022900002297},
isbn={978-989-758-470-1},
}

in EndNote Style

TY - CONF

JO - Proceedings of the Borneo International Conference on Education and Social Sciences - Volume 1: BICESS,
TI - Indigenous Peoples in Indonesia’s Constitutionalism Context
SN - 978-989-758-470-1
AU - Triyanto.
AU - P. H. R.
PY - 2018
SP - 482
EP - 485
DO - 10.5220/0009022900002297