Year: 2019
Type: article
Abstract: The existence of adat law community has been recognized since Dutch Colonial Era until today. State recognitions towards adat law community are dynamics. This paper is written based on legal normative research to describe dynamics of adat law community recognition. In the early of Indonesia independent, adat law community was considered as foundation of Indonesia nation state establishment. Since 1957 and during New Order era, there was systematic effort to abolish adat law communities because adat law was perceived as symbol of backwardness. After the amendment of the Constitution, adat law community and their traditional rights are recognized by law and enforced through court decision. Adat law community can determine their type of recognition to strengthen their legal capacity to manage Adat Forest; to organize Adat Village; or to hold communal land rights.
DOI: 10.22146/jmh.34032
Author: Sartika Intaning Pradhani
Institution: Universitas Gadjah Mada
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W2974197015
