Legal Literacy - This article discusses the recognition and protection of Indigenous Peoples in Indonesia, as recognized in the Constitution of the Republic of Indonesia and outlined in the Regional Head Decree. This article explains the definition of customary law and Indigenous Peoples, as well as the important role of the Regional Head Decree as a State Administrative Decision (KTUN) in recognizing and protecting the traditional rights of Indigenous Peoples. In addition, this article also includes examples of Regional Head Decrees that provide recognition of Indigenous Peoples in various regions in Indonesia.

The Constitution of the Republic of Indonesia recognizes and respects the unity of Indigenous Peoples and their traditional rights as long as they are still alive and in accordance with the principles of the Unitary State of the Republic of Indonesia. The recognition and protection of Indigenous Peoples is outlined in a Regional Head Decree.

Customary Law and Indigenous Peoples.

Each generation in a community environment will usually inherit several customs/behaviors from generation to generation which are called customs. As a country whose population consists of various ethnic and tribal groups, Indonesia is blessed with diverse customs. Customs themselves essentially have a very deep meaning, are rich in history and are a reflection of the norms, behavior and personality of the community in a particular area.

Several legal experts/experts have provided a brief overview of the requirements for a custom to be established as customary law. Teer Haar argues that there must be a decision from the local traditional leader to declare/stipulate a custom as customary law. If not, it is only considered a behavior/habit that is carried out repeatedly. Meanwhile, Van Vollenhoven argues that there must be provisions regarding the imposition of sanctions to make a custom a customary law. Customary law itself has special characteristics that are different from other fields of law, namely that it is generally unwritten, contained in advice that contains the principles and lessons of life in society, allows traditional leaders to intervene to help resolve a problem/dispute, and is sometimes inseparable from religious norms.

Communities that have been bound by the customary law system then merge into a unit/unity called Indigenous Peoples. In some literature, Indigenous Peoples are also referred to as Traditional Communities or indegenous people". Broadly speaking, the meaning/definition of Indigenous Peoples is a community that arises spontaneously and inhabits a certain area, whose establishment is not determined or ordered by the ruler/highest leader of a country, has a high sense of solidarity and uses its customary territory as a source of wealth that can only be fully utilized by members of the Indigenous Peoples concerned. Thus, it can be concluded that an Indigenous People has its own customary village territorial area.