Abstract:
The rising legal issue is about legal problem that related with the participation of Indigenous Communities in forming a local regulation. There are several legal problems about that article such as : judicial problem (vague norms), sociological problem (neglecting indigenous participation rights), philosophical problem (inequity towards indigenous communities) and theoretical problem (neglecting interdisciplinary approach). Based on those problems, there are three objectives of the study, which are 1) What is the juridical basis about the need of regulation for Indigenous Communities Participation in a local regulation, 2) What is the theoretical basis in reviewing Indigenous Community participation in a local regulation, 3) What is the philosophical basis about the urgency of interdisciplinary approach in forming a local regulation. This research are using a sociologic approach and hermeneutic interpretation approach. The result obtain from this research are: 1) The juridical basis is article 18 B paragraph (2) and The Constitution of The Republic Indonesia 1945 which can be understood as a constitutional rights that owned by Indigenous communities to participate in forming a local regulation, article 354 Local Government Regulation, article 96 Act on Establishment of Regulation and President Regulation Number 87 year 2014. 2) The theoretical basis are state law theory, participation theory, legislation forming theory, and responsive theory. 3) The philosophical basis about the urgency of interdisciplinary approach in forming a local regulation is required some interdisciplinary approach that capable to explain about the relation between the law and society (social reality), therefore the out coming local regulation appropriate with the value of life and be able to responding society needs. The recommendation of this research is, in every local regulation legislation steps, social participation still partial and symbolic, so it needs to be formed a strategy to more actively involve the society including Indigenous Community
Page(s):
88-100
DOI:
DOI not available
Published:
Journal: Academic Research International, Volume: 8, Issue: 1, Year: 2017
References:
[1] .Year 2014 especially article 110, as the basis of the juridical base,Furthermore article 354 Local Government Regulation, article 96 Act on Establishment of Regulation, and Domestic Ministry Regulation -
[2] 1945.The 1945,Government of Indonesia -