Indigenous Peoples and the Law

2009 ◽  
Keyword(s):  
Indigenous Peoples ◽  
The Law

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

scholarly journals The law of the land: intangible ad tangible rights in Aboriginal Australia

2012 ◽  
Vol 3 (1) ◽  
pp. 227
Author(s):  
Ana Elisa Monteiro Penteado
Keyword(s):  
Indigenous Peoples ◽  
Biological Diversity ◽  
Social Values ◽  
Legal Protection ◽  
Land Rights ◽  
Convention On Biological Diversity ◽  
Aboriginal Australia ◽  
The Law

This article deals with the Convention on Biological Diversity, article 8 (j) in connection tothe national and local legislation to be enacted prior to article 8 (j) enforcement. It showsthat for legal protection of Indigenous Peoples’s intangible rights, land rights are to be resolvedby government and organisms devoted to land right claimed by Aboriginal Peoples.The experience of Australia through its recent colonization, decolonization and reviewof social values presented by Rudd Administration secured Indigenous Peoples rights. In conclusion, this article proposes a multi-action from historical, political, legal and jurisprudentialsources for article 8 (j) to be operative. 

Native Others: What Implications Does the Law on Indigenous Peoples Have for Ukraine’s Indigenous Population?

2021 ◽  
Author(s):  
Olha Sribniak
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Population ◽  
General Context ◽  
Crimean Peninsula ◽  
Indigenous Group ◽  
The Status ◽  
The Law ◽  
The Crimean Peninsula

In July 2021, the Ukrainian Parliament adopted a Law on Indigenous Peoples. It provides a framework for the protection of the rights of the indigenous peoples of the Crimean Peninsula, namely Crimean Tatars, Karaites and Krymchaks, and excludes Mariupol Greeks as a minority potentially qualifying for the status of the fourth indigenous group residing outside of Crimea. What was the general context of the adoption of the Law? What rights does it envisage? And what could the Law potentially bring to the recognized indigenous peoples? This blog post attempts to answer these questions.

Black Representations of Settlement on Film

2016 ◽  
Vol 17 (1) ◽  
pp. 50-59
Author(s):  
Beenash Jafri
Keyword(s):  
Indigenous Peoples ◽  
Settler Colonialism ◽  
Cultural Representations ◽  
Popular Film ◽  
White Settler ◽  
The Law

This article develops a method for analyzing Indigenous erasure in popular film that focuses not on the representations (or lack thereof) of Indigenous peoples but on representations of settlement. Whereas much of the scholarship on Native representations in film has been concerned with Hollywood’s promulgation of the “mythical Indian,” I argue that a focus on settlement—rather than on bodies—is significant in the context of the ongoing, unfinished processes of colonialism, which continue to structure life in white settler states. Cultural representations that reconfigure colonial-occupied life as settled life naturalize settler colonialism while erasing and displacing Indigenous claims to land. I illuminate this method by analyzing how the 1974 “blaxploitation Western” Thomasine and Bushrod imagines settlement. The film features a pair of lovers who are on the run from the law in America’s Southwest from 1911 to 1915. Because it is a film that speaks back to historical constructions of Blackness and Indigeneity, Thomasine and Bushrod productively illuminates how representations of Indigenous erasure work in often ambiguous and contradictory ways.

Necessities of State: Police, Sovereignty, and the Constitution

2008 ◽  
Vol 20 (1) ◽  
pp. 47-63 ◽  
Author(s):  
Christopher Tomlins
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Indigenous Peoples ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
Nation State ◽  
Regulatory Law ◽  
Independent States ◽  
The Law

Over the last fifteen years, legal historians have been exploring conceptualizations of the state and state capacity as phenomena of police. In this essay, I offer a genealogy of police in nineteenth-century American constitutional law. I examine relationships among several distinct strands of development: domestic regulatory law, notably the commerce power; the law of indigenous peoples and immigrants; and the law of territorial acquisition. I show that in state and federal juridical discourse, police expresses unrestricted and undefined powers of governance rooted in a discourse of sovereign inheritance and state necessity, culminating in the increasingly pointed claim that as a nation-state the United States possesses limitless capacity “to do all acts and things which independent states may of right do.”

scholarly journals Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»

2021 ◽  
pp. 132-142
Author(s):  
Anton Opanasenko
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
State Power ◽  
Self Determination ◽  
National Minority ◽  
Public Authorities ◽  
Collective Rights ◽  
The Law ◽  
Detailed Interpretation

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.

scholarly journals Relevansi Hukum Pidana Adat Dalam Pembaharuan Hukum Pidana di Indonesia

2015 ◽  
Vol 10 (2) ◽  
pp. 195
Author(s):  
Galuh Faradhilah Yuni Astuti
Keyword(s):  
Indigenous Peoples ◽  
Criminal Law ◽  
The State ◽  
Customary Law ◽  
Law Reform ◽  
Criminal Offense ◽  
Community Or ◽  
Key Issues ◽  
The Law ◽  
Principle Of Legality

Penelitian ini mengkaji dua persoalan pokok. Pertama, relevansi Hukum Pidana Adat sebagai kontribusi dalam pembaharuan Hukum Pidana di Indoneisa. Kedua, penerapan hukum dalam penyelesaian tindak pidana berdasarkan Hukum Pidana Adat di Suku Tengger. Hasil penelitian ini menunjukkan bahwa kontribusi Hukum Pidana Adat, berupa penyelesaian perkara di luar pengadilan atau mediasi penal yang dilakukan masyarakat atau masyarakat adat secara turun temurun, sudah relevan dengan pembaharuan Hukum Pidana di Indonesia. Praktik semacam ini selaras dengan nilai dan cita-cita Bangsa Indonesia, sesuai dengan sila keempat Pancasila sebagai dasar negara. Selain itu selaras dengan ide keseimbangan Hukum Pidana, teori sifat melawan hukum, pemenuhan kewajiban adat serta perluasan asas legalitas. Masyarakat Adat Suku Tengger menggunakan mediasi penal sebagai alternatif pertama dalam menyelesaikan perselisihan atau tindak  pidana yang terjadi pada daerah mereka, kemudian menyerahkan kepada pihak yang berwajib ketika mediasi penal tidak mencapai kesepakatan yang adil. <br /><br /><br /><em>This study examines two key issues. First, the relevance of Criminal Customary Law as a contribution to the renewal of Criminal Law at Indoneisa. Second, application of the law in the resolution of a criminal offense under the Criminal Customary Law in Tengger tribe. These results indicate that the contribution of Criminal Customary Law, in the form of settling disputes out of court or penal mediation conducted community or indigenous peoples from generation to generation, it is relevant to the Criminal Law reform in Indonesia. Such practices are aligned with the values and ideals of the Indonesian nation, according to the fourth principle of Pancasila as the state. Moreover tune with the idea of the balance of the Criminal Law, the theory of nature against the law, customary obligations fulfillment and expansion of the principle of legality. Indigenous Peoples Tengger tribe using penal mediation as the first alternative in resolving disputes or criminal acts that occur in their area, and then handed over to the authorities when the penal mediation does not reach a fair deal.</em>

scholarly journals Moronene Indigenous Recognition and Protection Regulation Hukaea Laea in Bombana County

2021 ◽  
Vol 5 (2) ◽  
pp. 160-166
Author(s):  
Bakri Sulaiman
Keyword(s):  
Indigenous Peoples ◽  
National Park ◽  
Customary Law ◽  
Legal Research ◽  
The Status ◽  
The Law ◽  
Park Area ◽  
Customary Land

Regulations on the Recognition and Protection of Customary Law Communities are not always effective. This study was to determine the concept of recognition and protection of the Customary Law Community in Rawa Aopa Watumohai National Park. This research is a normative legal research. The results of the research are First, the law still provides conditional recognition of indigenous peoples, which limits their space. second, that the recognition and protection of the customary MHA of Moronene Hukaea Laea in Bombana Regency has not been maximized. They have received recognition and protection through a recognition of perda, but their customary territory still has the status of designating a National Park Area, so they cannot use it as customary land.

scholarly journals Prevention of Criminal Action of Corruption through the Initiation of the Dayak Ngaju Traditional Laws

2021 ◽  
Vol 3 (1) ◽  
pp. 115-123
Author(s):  
Kiki Kristanto ◽  
Thea Farina ◽  
Putri Fransiska Purnama Pratiwi ◽  
Libra Adelianty Asuransia
Keyword(s):  
Indigenous Peoples ◽  
Natural Law ◽  
Customary Law ◽  
State Law ◽  
Government Officials ◽  
Central Kalimantan ◽  
The Law ◽  
The Government

Given the complexity of the problem of corruption, it must be treated seriously through a balance of rigorous and precise steps. This step is not only taken by the government and law enforcers, but also by involving the participation of indigenous peoples. In the indigenous Dayak Ngaju community, they are familiar with the principle of not having a bahadat. This principle means that the behavior of life that upholds honesty, equality, togetherness and tolerance and obeying the law (state law, customary law and natural law). According to the author, the existence of the principle of Belom Bahadat can be used as a preventive instrument for the prevention of corruption by government officials in Central Kalimantan Province. This means that there is a contribution of customary law norms to the government's efforts to prevent the occurrence of criminal acts of corruption through the initiation of the belom bahadat principle of Dayak Ngaju customary law.

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