Perlindungan Hak Konstitusional Masyarakat Hukum Adat Melalui Pembentukan Hukum

• Published in: Jurnal Konstitusi
• Main Authors: Diya Ul Akmal, Mas Iman Kusnandar, Fatkhul Muin
• Format: Article
• Language: English
• Published: The Registrar and Secretariat General of the Constitutional Court of the Republic of Indonesia 2025-03-01
• Subjects: masyarakat hukum adat; hak konstitusional; putusan mahkamah konstitusi; pembentukan hukum; pelaksanaan kebijakan
• Online Access: https://jurnalkonstitusi.mkri.id/index.php/jk/article/view/2446
• ISSN: 1829-7706; 2548-1657

Indigenous peoples’ constitutional rights are still not being protected in both the normative and empirical fields. This is the outcome of legislation and government policies being implemented in disregard of the Constitutional Court’s decision. The aim of this study is to determine the protection of indigenous peoples’ rights after the Constitutional Court decision and to provide the basis for the formation of the Law on Indigenous Peoples. This study uses normative legal methods with secondary data obtained from a literature review. The study’s findings indicate that the problem with fulfilling Indigenous Peoples’ constitutional rights stems from the fact that the Constitutional Court’s decision lacks executorial power making the final result highly dependent on the DPR as the legislator and the government as the policy implementer. Therefore, the Constitutional Court requires more authority in the form of Judicial Preview in order to effectively preserve the people’s constitutional rights. Aside from that, to protect Indigenous Peoples’ constitutional rights, a Law on Indigenous Peoples that regulates their rights must be enacted.