The Concept of Pancasila in Guaranteeing the Legal Protection of Indonesian Customary Law Communities

Abstract

The existence and rights of indigenous peoples faced several challenges during this time of rapid development. Indigenous and tribal people are weak and marginalized because of these issues. This is due to how differently everyone participates in positions in communities with customary land and customary law in the framework of life in the country and state based on Pancasila and the constitution. The issue raised in this essay is how to provide progressive legal protection for indigenous and tribal peoples’ existence, while also achieving their welfare. This essay adopts a conceptual approach, with Pancasila serving as the fundamental principle for ensuring the legal protection of indigenous and tribal populations in Indonesia. This essay also makes use of Customary law communities that are protected by the current legal system, which is more static, constrained, and legalistic than it has ever been. The issue of how communities with customary law are acknowledged must be addressed in terms of legal protection. The state should enact laws and procedures to offer legal defense based on instruction and empowerment. These laws and policies are examples of progressive legal theory; they are founded on Pancasila and the 1945 Constitution, which positions humanity as bringing justice, wealth, and happiness to indigenous and tribal people. Keywords: Pancasila, Protection, Customary, law