Human Right and Indigenous Peoples : Transitional Justice Approach

Abstract

This research focuses on respecting, recognizing, protecting and fulfilling the human rights of indigenous peoples in Indonesia. Through a comparative law approach in European and Asian countries that have substantially recognized and protected the human rights of indigenous peoples in Indonesia. The problem are how is the model for regulating customary land management by indigenous peoples based on Human Rights and Local Wisdom in terms of Indonesia's transitional justice approach? and Second How can the recognition and protection of the enforcement of human rights over customary land in Indonesia be viewed from the transitional justice of Asian and European countries that have implemented indigenous peoples' human rights?. In its development in European countries, the discussion of indigenous peoples is already at the stage of regulating and fulfilling human rights. There are even special laws that regulate indigenous peoples as well as Asian countries. The Indonesian government is still at a lower level and is still debating the arrangements for the recognition of the existence of indigenous peoples. Even though the discussion of the Bill on Indigenous Peoples at the Indonesian People's Representative Council has entered its second year (President Jokowi). Through a transitional justice approach, this article formulates the regulatory norms for indigenous peoples adopted from several laws of indigenous peoples in European and Asian countries. This is intended to provide a legal framework for the Indonesian government and the Indonesian Parliament to immediately provide legal recognition and protection for indigenous peoples in Indonesia immediately.