Recognition of Customary Law Communities In Regional Regulations In Indonesia

Abstract

Article 18B paragraph (2) of the 1945 Constitution requires the state to recognize (recognize and respect) customary law communities (villages, gampong, nagari, negeri, kampung, etc.) along with their traditional rights. Regional Regulations as a type of legislation to provide concrete recognition of customary law communities. In regional government laws and village laws, regional authority in forming regional regulations is stated. This research is a normative juridical research. Regional Regulations (Perda) as an Instrument of Recognition Formal recognition of customary law communities must be stipulated through Regional Regulations in accordance with the mandate of the Forestry Law and the decision of the Constitutional Court Number 35/PPU-X/2012 which confirms that the confirmation of the existence of customary law communities is a delegation of authority regulated in the 1945 Constitution