Legal Protection Of Indigenous Peoples And Traditional Communities In Indonesia From The Perspective Of The Social Environment Amri Panahatan Sihotang , Wafda Vivid Izziyana
universitas semarang
Abstract
Legal protection for indigenous peoples and traditional communities in Indonesia has become a crucial issue in the context of a dynamic social environment. Indigenous and traditional communities have inherent rights to the land, culture and natural resources that support their lives. However, modernization and industrial development often threaten the survival of these rights. This article aims to analyze the effectiveness of legal protection for indigenous and traditional communities in Indonesia from a social environmental perspective, particularly in relation to the utilization and conservation of natural resources and community welfare. The analysis is conducted by highlighting existing legal and regulatory policies, as well as the role of the government, social institutions, and non-governmental organizations (NGOs) in providing legal protection. This research uses a normative juridical approach with a case study method in several regions in Indonesia that have indigenous and traditional communities in Indonesia. The results show that although there are various regulations and policies implemented to protect the rights of indigenous peoples and traditional communities, their implementation in the field still faces many challenges. The gap between legal regulations and practical realization leaves indigenous peoples vulnerable to land conflicts, environmental degradation and social discrimination. The government and relevant agencies tend to focus on economic and development interests, which are often at odds with the principles of social and environmental sustainability for indigenous peoples. However, in some areas, interventions by NGOs and international organizations have had a positive impact in raising awareness of indigenous peoples^ rights and encouraging their participation in decision-making. This research recommends strengthening more inclusive policies and improving monitoring mechanisms and law enforcement at the local level so that the protection of indigenous peoples can be realized more effectively and sustainably
Keywords: legal protection, custom, traditional, social environment
