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Paper short abstract:

Marginalization results in detriments and social injustice.Even formal laws are implemented by neglecting the fair principles. Taking cases of marginalization adat and traditional communities in Indonesia, this paper will focus to elaborate marginalization by law through socio-legal perspective

Paper long abstract:

In plural societies, an uneven situation is possible to occur when a diverse social and political society are unequally treated. Examples show how customary communities and their laws often placed in an unfavorable position toward the state or more dominant power. Such 'marginalization' unavoidably result huge detriments for the communities and this becomes a continuously social injustice. Unfortunately, even certain formal laws are implemented by neglecting the fair principles of basic human rights or citizenship.

Taking cases of marginalization adat and traditional communities and their law in Indonesia, this paper will focus to elaborate 'marginalization by law' through socio-legal perspective. First part will expose empirical cases using a framework from Irianto's explanation on the disadvantage impacts of adat (and traditional) communities' marginalization: legal identity, civil rights, and living space. Here, besides updated examples, the discussion will also talk on how Indonesia's law has contributed to the communities' situation. In the second part, the focus will be directed to discuss on how new developments in legal aspects, such as local government regulations, village law or other related policies will contribute to promoting better treatments for communities. However, objectively, important questions can still be raised here, including whether those new developments will be a proper panacea and able to provide a strong legal certainty in the future or are these just sufficient within this recent period and in partial aspects?

Keywords: marginalization, adat and traditional communities, law, legal and society

Reference

Irianto, Sulistyowati. 2016. "Masyarakat Adat dan Ke-Indonesiaan"in Kompas, June 10th 2016