Protection of Indigenous Peoples’ Rights Through the Constitutional Review: The Efforts to Achieve Sustainable Development Goals in Indonesia

DOI

10.2991/assehr.k.200529.261How to use a DOI?

Keywords

indigenous peoples’ rights, constitutional review, Sustainable Development Goals

Abstract

One of the crucial SDGs is to promote peaceful and inclusive societies for sustainable development, to provide access to justice for all, and to build effective, accountable and inclusive institutions at all levels (Goal 16). In Indonesia, that one primary goal becomes one of the National SDGs’ targets which is the realization of respect, protection, and fulfillment of human rights. This can only be achieved by more and more efforts in handling complaints of human rights violations. This paper examines the importance of protecting the rights of indigenous peoples as part of demand realization of SDGs in the human rights sector through the constitutional review (review act against the constitution) by the Constitutional Court. However, regulations related to SDGs in Indonesia have not provided a clear place for the Constitutional Court through constitutional review to take an active role in realizing SDGs. As a result, several violations of the rights of indigenous peoples which would be resolved through the constitutional review are met with various obstacles and are still frequently found in regards to the implementation of the Constitutional Court’s decisions. This paper recommends the constitutional review be used as a legal instrument to achieve the goals and objectives of the SDGs. In addition, the Constitutional Court’s decisions need to be used as a reference to harmonize the legislations in Indonesia, particularly the legislations related to protecting the rights of indigenous peoples, as part of the efforts to achieve SDGs.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Dodi Haryono
PY  - 2020
DA  - 2020/05/29
TI  - Protection of Indigenous Peoples’ Rights Through the Constitutional Review: The Efforts to Achieve Sustainable Development Goals in Indonesia
BT  - Proceedings of the Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)
PB  - Atlantis Press
SP  - 24
EP  - 27
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200529.261
DO  - 10.2991/assehr.k.200529.261
ID  - Haryono2020
ER  -