摘要:Legislations related to the recognition and protection of indigenous peoples (MHA), has many born. The
problem is MHA even feel the irregularity of the law. This study to discuss what causes irregularity in the
recognition and protection of MHA, how to maintain the orientation of law reform related to MHA, and what is
the mindset that needs to be built within the framework of the recognition and protection of MHA in Indonesia?
This study found that irregularities in the recognition and legal protection MHA occur for many reasons,
including a variety of terms and a number of dimensions as well as the institutions that deal with the MHA
itself. Orientation of legal reforms related to MHA seen from the filing of judicial review of laws that are not in
accordance with UUD 1945. There are four very important Putusan MK relating to the existence of the MHA,
the MK Decision No. 001-21-22/PUU-I/2003 and No. 3/PUU-VIII/2010 (clarify the phrase "the greatest welfare
of the people"), The MK Decision No. 10/PUU-I/2003 (clarifies the four requirements MHA), the MK Decision
No 35/PUU-X/2012 (distinguishing indigenous forests and state forests), and the MK Decision No 006/PUUIII/2005
and No. 11/PUU-V/2007 (basic constitutional losses).
关键词:Masyarakat Hukum Adat;Ketidakteraturan Hukum;Pengakuan