Protection of Indigenous Peoples (Local Beliefs) in the Context of Human Rights in Indonesia

Abstract

This study aims to analyze the protection of indigenous peoples and local beliefs in the dimensions of human rights in Indonesia in a global context. Thisy sudy compared some laws and regulations related to the protection for indegenous peoples and local beliefs both national legal system and international conventions. The study found and higlighted that Article 28E and Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia have guaranteed freedom for every citizen to embrace religion and worship according to their respective beliefs, accompanied by the state's obligation to protect every citizen to worship according to their respective beliefs, including local religions. In addition, the Constitutional Court Decision Number 97/PUU-XIV/2016 concerning Judicial Review of the Population Administration Law, the Panel of Judges granted the lawsuit against Article 61 of Law Number 23 of 2006 and Article 64 of Law Number 24 of 2013 concerning Population Administration wich accommodate the local belief on the national administration system. In the global context, freedom of religion including having local beliefs is also regulated in the Universal Declaration of Human Rights Article 18, the International Covenant on Civil and Political Rights, and even the regulation of freedom of religion or belief in more detail is also regulated in the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion in 1981.