The Existence of the Rights of Indigenous People in the Implementation of Regional Autonomy

Abstract

The authority of regional autonomy enables those in power to adjust and supervise their administrative regulations in their respective areas on behalf of the central government, and regional higher-ups along with DPRD and their regional officers are the executor of that regulation. The research objective is to examine and analyze how natives' rights are construed legally on a national and international level, as well as how their protection can be used as a tool for participation in the enforcement of regional autonomy. It also aims to derive a conclusion regarding the role of natives’ rights in enforcing regional autonomy. Several methods such as statutory, conceptual, historical, case, and comparative approach are used in a form of normative legal research. The results showed (1) The concept of natives in both international and international indigenous law are applied, which is more focused on the international law, (2) Strictly speaking, there is no recognition and regulation of the natives’ rights in national legal instruments to support their role and cultural existence to be involved into governmental programs and projects, (3) The involvement of these natives in the administration of local government is not yet optimal, including the recognition of customary government organizational structures.