Juridical Consequences of Article 17 Paragraph (3) of Sekadau Regency Regional Regulation No. 8/2018 on the Recognition and Protection of Customary Law

Abstract

Recognition and protection of Indigenous Peoples already exist in the Indonesian Constitution, especially Article 18B and Article 28I of the 1945 Constitution which recognize Indigenous Peoples, so the regions should support them. The object of this research is the existing Regional Regulation in Sekadau Regency, namely Regional Regulation No. 8/2018, especially Article 17 paragraph (3), this research intends to analyze the provisions of the article supporting the recognition and protection of MHA or actually burdening MHA to fight for their rights, so that the process of administrative requirements becomes increasingly complicated. A Regional Regulation (hereinafter referred to as Perda) regulates the recognition and protection of indigenous peoples in Sekadau District. The number of indigenous peoples that have been recognized by the Perda is 5 (five), even though there are many indigenous peoples in the district. This research uses normative legal research methods, then a descriptive approach, then the sources needed by this research are secondary data. Secondary data includes primary legal materials and secondary legal materials, processed and analyzed using qualitative methods. This research found that the regulation of Regional Regulation Number 8/2018, especially Article 17 paragraph (3) has not been adhered to optimally. This is because there are inhibiting factors in the form of the funds required are not small and the Government has not carried out its obligations to the rights of MHA in Sekadau Regency optimally in terms of providing assistance to MHA in fighting for the recognition of the existence of MHA.