Strengthening Indigenous Law to Make a Sustainable Development of the Coastal Area and Small Islands in Indonesia

¹ Departement of Criminal Law, Faculty of Law, Universitas Pekalongan, 51115, Indonesia
² Departement of Administrative Law, Faculty of Law, Universitas Pekalongan, 51115, Indonesia
³ Departement of Criminal Law, Faculty of Law, Universitas Pekalongan, 51115, Indonesia
⁴ Departement of Aquaculture, Faculty of Agriculture, Universitas Pekalongan, 51115, Indonesia

^* Corresponding author: nurulhuda.unikal@gmail.com

Abstract

Law no. 27 of 2007 on Management of Coastal Areas and Small Islands has the basis of consideration dimension of economic prosperity. The Act obtained Judicial Review to the Constitutional Court due to the rights of Coastal Waters Concession (HP-3). This article examines how the existence of indigenous and tribal peoples who have the right to be protected by the state constitution and how the legal analysis of the Judicial Review of the Act is reviewed. This research was conducted by a normative juridical method. The results show that indigenous and tribal peoples have not fully existed in the regulation and legal politics of Indonesia, particularly in the management of coastal areas and small islands. Judicial Review conducted to the Constitutional Court through Decision No. 3/ PUU-VIII / 2010 states that in certain articles in Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands is contrary to the state constitution and has no binding power, which relates to Coastal Waters Rights which tend to be more liberal/capitalist because it can only be utilized by the owner of capital.