Paper Presented on International Conference on Fundamental Rights (I-COFFEES), Friday, September 7th, 2018 at Hotel Novotel Lampung Indonesia

1. CURRENT
CONSTRUCTIO
N OF
INDIGENOUS
VILLAGE
REGULATION
IN INDONESIA
Yulia Neta,
Rudi Wijaya,
Tia Nurhawa
Paper Presented on I-COFFEES
Friday, September 7, 2018
Hotel Novotel Lampung
Indonesia

2. Introduction
 Discourses on indigenous law and its related
aspects in Indonesia have experienced long
dynamics
 Law No. 6 of 2014 on Villages (here in and after
will be called UU Desa) with the various
implementation regulations has led to a complex
Village construction. The division of authority
spread to the Ministry of the Interior and the
Ministry of Villages, each of which raises its own
paradigm in giving positions to the village.

3.  One of the monumental arrangements in the
regulation in UU Desa is regarding indigenous
village.
 In UU Desa, indigenous village was placed as a
term parallel to the village.
 Indigenous village are no longer a form of status
characterized by sub-variants of the village, but
rather a separate form that is aligned with the
term village.
 In this context, basically the recognition of the
origin rights of indigenous people as one of the
absolute conditions of this indigenous village is
recognized by the government.

4. Research question
 The objective of this research was to describe the
current contruction of indigeneous village regulation
in Indonesia
this paper seeks to describe the main arrangements
regarding Indigenous Village regulated in UU Desa.
Through the description, it can be found the
construction of indigenous village arrangements in
Indonesia as well as the problems faced in the effort to
implement the regulation regarding the indigenous
village.

5. Result and Discussion
1. The Indigenous Village and Indigenous
People
UU Desa give a construction for another form on
indigenous people society:
 When looking at Article 97 of UU Desa, it will
specified clearly that indigenous people are the
main embryo of the existence of Indigenous
Village
 Article 97 requires indigenous people as the main
provision that cannot be eliminated at all. The
three provisions specified by this article are about
indigenous people.

6. The barriers of indigenous people:
 actually still alive, if they have territories and at
least have a community whose citizens have a
shared feeling in the group, indigenous governance
institutions, assets and / or indigenous objects, and
also set of customary law norms.
 If one of these components is not fulfilled, so the
indigenous people is not exist. And it means there
is no indigenous village

7. Regarding the authority of the indigenous village, Article 103 of UU desa has
normatively specified what the indigenous village authority is. Indigenous
village Authority based on the rights of origin includes:
 The regulation and implementation of government based on the
original order;
 regulation and management of ulayat or customary territories;
 preservation of the social and cultural values ​​of indigenous Village;
 settlement of customary disputes based on customary law in force in
the indigenous village in an area that is in line with the principles of
human rights by prioritizing settlement by deliberation;
 organizing a peace trial for the indigenous Village court in
accordance with the provisions of the law;
 the maintenance of the peace and order of the Indigenous Village
based on customary law in force in the indigenous Village; and
 development of customary law life in accordance with the socio-
cultural conditions of the indigenousVillage community.

8. Indigenous village arrangement
Another important thing that has implication for indigenous village is
regarding village arrangement. The intended village arrangement is the
formation, deletion, merger, status change, and determination of the
village. The paradigm and construction of the village's arrangement of
indigenous villages has various logical consequences, namely:
 one or several villages are designated as indigenous village,
 more than one village is designated as one indigenous village,
 one indigenous village is divided into more than one indigenous village,
 one indigenous village is divided into indigenous village and modern
villages,
 more than one village is designated as a indigenous village,
 one indigenous village is transformed into an modern village,
 removal of indigenous village.

9. Implementation Obstacles
 There was no Law regulating Indigenous
People and its recognition Obstacle to
defining indigenous peoples itself
 That problems requires a separate settlement
mechanism (whether wrapped in a model of
recognition, protection, etc.) that demands the
role of the government, which in practice
makes a regulation

10. CONCLUTION
 the indigenous village is a manifestation of the rights of
the origin of rural communities which is inhabited by
indigenous people, thereby it is strengthening the
position of indigenous people.
 the authority of indigenous village regulation, which is
the joint responsibility between the Government,
Provincial and Regency/Municipal Governments, is
concentrated on Regency/Municipal Government.
 the main problem faced in indigenous village regulation
is the unclear acknowledgment mechanism of
indigenous peoples, because of their scattered
regulation in several sectoral laws.

11. THANK YOU