Dasar Pertimbangan Yuridis Kedudukan Hukum (Legal Standing) Kesatuan Masyarakat Hukum Adat dalam Proses Pengujian Undang-Undang di Mahkamah Konstitusi

Abstract

In the context of history and politics, in fact, indigenous people have been there ahead of the country of Indonesia. Protection of customary law community unit to defend their constitutional rights if there are laws that harm their constitutional rights. But there are certain requirements that must be met in order for customary law community unit having legal domicile (legal standing) to file a petition for legislation in the Constitutional Court because not all indigenous people have legal standing in testing the law. This of course has the legal implications on the recognition, respect and protection of customary law community unit, namely the unity of indigenous people that still exist are not automatically recognized as customary law community unit unless it has to meet certain constitutional requirements set out in the 1945 post-change.The purpose of the conduct of this research is to discover, deepen and develop ideas related to concepts, theories, principles of legal and normative provisions concerning the legal status of customary law community unit in the proceedings in the Constitutional Court.Requirement for customary law community unit in order to have legal status (legal standing) as the applicant in the testing of the Act is quite heavy, but must prove himself as a customary law community unit as referred to in Article 51 paragraph (1) letter b Law the Constitutional Court, must also meet 5 (five) loss of constitutional requirements as specified in jurisprudence of the Constitutional Court. The legal position because of the weight requirement (legal standing) for customary law community unit, until now there is no applicant who claims to customary law community unit, has a legal domicile (legal standing) in testing the law. Typology and benchmarks about who is categorized as a customary law community unit is still not clear, so that through decision No. 31/PUU-V/2007, the Court gave typology and size of the unity of indigenous people by interpreting Article 18B paragraph (2) of the 1945 Constitution

Destination imaging, compatibilities with intellectual property rights‐based tourism industry

“…18 when subjected to commodification, measures shall be taken to ensure that indigenous people, who are sources of revenue and entertainment for traveling Indigenous communities form a strong bond establishing an interactive atmosphere and pursuing interpersonal communicational discourse between different community groups, structuring "uniform or customary of belonging within a social group." 19 Although some of these rights though expressly protected under the IP regime, may face challenges from the corporate sector; for example, the "West African countries have realized that the Copyright Law cannot provide adequate protection against Traditional Cultural Expressions even though in the international realm there are efforts to expand the scope of the law." Subsequently, Africa adopted a defensive determination of jurisdiction under a special law.…”

A Shift in the Implementation of Bureaucracy in the Legal Perspective of Village Governments in Indonesia

“…It becomes a system that cannot be separated substantially. Therefore, in the development of laws and regulations on villages, it can be seen in the table below: The administration of village government should not be treated as a unit of political and governmental organizations but should be treated as a unit of social, economic, and cultural organization (Rahman et al, 2016). In its development, the implementation of the village government has experienced a shift from the national to a modern bureaucracy.…”

“…Article 18B of the UUD 1945 explains that the state recognizes and respects regional government units that are special or of a special in nature. Such recognition and respect as long as the customary law community units and their traditional rights are still alive and by the development of society and the principles of the Unitary State of the Republic of Indonesia (Nurtjahtjo & Fuad, 2010).…”

Human Rights as Fundamental and Universal Rights in Regulating the Fulfillment of the Rights of Women Victims of Sexual Violence

“…The problem of sexual violence is often heard by Indonesian people. However, Indonesian law does not fully provide strict legal consequences for perpetrators and protection for victims [3]. Only a small number of sexual violence cases are brought to court.…”