Deconstruction of Customary Rights of Indigenous Peoples in Progressive Law

DOI

10.2991/978-2-38476-046-6_52How to use a DOI?

Keywords

Deconstruction; Customary Rights; Progressive Law

Abstract

Deconstruction of Customary Rights of Indigenous Peoples is a term used to describe a model of understanding the customary rights of indigenous peoples based on the concept of progressive law. The paradigm used to examine the deconstruction of customary rights arrangements of indigenous peoples in this paper is the paradigm of positivity. The history of the regulation of customary rights of indigenous peoples is contained in Article 3 of Law No. 5 of 1960 concerning the UUPA where the concept of the right to control by the state which was originally interpreted as "regulating" then shifted to having absolutely. The state is caught up in the arbitrariness of taking people's land for the benefit of growth-oriented economic development, has changed the choice of social interests and values that is from common prosperity to prosperity of a group of people. The deconstruction of customary rights of indigenous peoples in the concept of progressive law provides an interpretation that the law that is built is a law that can prosper and make people happy. With the concept of progressive law, the customary rights of indigenous peoples can be fulfilled and protected The government's efforts in fulfilling, protecting and respecting the customary rights of indigenous peoples of customary law communities are part of the state's responsibility, one of which is by building laws that are beneficial to humans, namely being able to realize welfare and happiness.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Candra Perbawati
AU  - Nabila Firstia Izzati
PY  - 2023
DA  - 2023/05/02
TI  - Deconstruction of Customary Rights of Indigenous Peoples in Progressive Law
BT  - Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022)
PB  - Atlantis Press
SP  - 524
EP  - 534
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-046-6_52
DO  - 10.2991/978-2-38476-046-6_52
ID  - Perbawati2023
ER  -