ISSN: 2265-6294

The Guarantees for the Fulfillment of the Constitutional Rights of Customary Law Community in Indonesia

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Anti Mayastuti,Jamal Wiwoho,Hari Purwadi

Abstract

The Customary Law Community (CLC) is a part of the diversity and plurality in Indonesia based on equal rights and obligations to other Indonesian citizens, which are governed by Article 18B of the 1945 Constitution of the Unitary State of the Republic of Indonesia. According to the Declaration on the Rights of Indigenous Peoples, which has been adopted by the Human Rights Council, the state’s disregard and marginalization of their rights is a form of unconstitutionality or a violation of human rights. Furthermore, the CLC has the right to determine, prioritize, and strategize their development in the utilization of lands, territories, and other natural resources, such as forestry resources, which are guaranteed to be explicitly fulfilled in the Decision of the Constitutional Court of the Republic of Indonesia No. 35 / PUU-X / 2012.

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