THE PARTICIPATION OF INDIGENOUS COMMUNITIES IN FORMING A LOCAL REGULATION: URGENCY OF INTERDISCIPLINARY APPROACH TO CREATE A RESPONSIVE LAW
Journal Title: Academic Research International - Year 2017, Vol 8, Issue 1
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.
Authors and Affiliations
Anak Agung
Keywords
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