The Development of the Legal Policy on the Recognition of Indigenous Peoples in Indonesia from a Legal-Historical Perspective

Abstract

This article examines the development of legal politics concerning the recognition of customary law communities in Indonesia through a legal history perspective. It is intended to trace how recognition was formed from colonial legal pluralism, national agrarian law, constitutional reform, and sectoral regulations after reform. This study uses normative legal research with historical, statutory, and conceptual approaches. Primary legal materials consist of constitutional provisions, agrarian law, forestry law, village law, and Constitutional Court decisions. The study finds that recognition has shifted from sociological acceptance into constitutional recognition. However, its implementation remains conditional and fragmented. The article implies that recognition should be arranged more coherently so that customary law communities are not only acknowledged in legal texts.