KEDUDUKAN HUKUM KESATUAN MASYARAKAT HUKUM ADAT DALAM BERPERKARA DI MAHKAMAH KONSTITUSI

Abstract

The existence of indigenous people is part of the existence of Indonesia asa nation. The indigenous people are an essential element in the scope of thenational law of the Republic of Indonesia. Indonesia as a pluralistic nationconsists of hundreds of ethnic groups, languages and indigenous communities.They are scattered across thousands of large and small islands. Because thedistribution of them is on large and small islands, the indigenous peoples who livehere have separate legal norms. Indigenous peoples, which are a society that isstill attached to the simple and natural things, are an important part of Indonesiain addition to the nation's urban communities that already have high technology.Many laws and bills that could potentially harm existing constitutionalrights of indigenous peoples' can led the union of indigenous peoples to ask forjudicial review to the Constitutional Court. It has been clearly stipulated in theConstitutional Court Act and Rules of the Constitutional Court. The existence ofcustomary law community unity and their existence as a vulnerable group ofcitizens need constitutionally legal justice that should be produced by theConstitutional Court.

Key words: Status of the Law, the customary law, judicial review