Constitutional Court (MK) as the guardian and keeper constitution guarantees the protection of the rights of indigenous people to support the acceleration of activities of regional autonomy. This was deemed necessary given the indigenous people to be one important element of the founding of the Republic of Indonesia, which has been linked existence long before Indonesia proclaimed. Thus is presented by Chief Justice M. Akil Mochtar in Empowerment Workshop at the Indigenous Peoples’ Rights Legal Support Activity Regional Autonomy at the University of Darma Agung, Medan, North Sumatra, on Saturday (6/7).

Recognition of the constitutional rights of indigenous peoples are not only set in 1945, but has also been adopted in an integrated manner in the form of laws and regulations even at the local level. But along the way, among the indigenous people still deplore the violation of the rights of indigenous peoples that often arise at the level of law. From the point of view of indigenous people, the state regulation through law is a form of state restrictions on the rights of indigenous people. And for the sake of upholding the Constitution, the Court has provided a testing mechanism of the 1945 Act. "It has provided the constitutional institutions to restore the rights of indigenous people who have been violated by the Act," Akil said before the Sumatra area officials, including Chairman of the Parliament, Saleh Bangun.

Akil added, in its decision on the establishment of Tual City No.31/PUU-V/2007, the Court has established a number of classification indigenous people the right to file a judicial review of the 1945, one of them the indigenous people who are still alive, who are territorial, genealogic and functional, and contains elements of the society, the traditional governance institutions, the assets and or custom objects, the existence of the common law, have a clear territorial and have norms that do not conflict with human rights.

One proof alignments Court in protecting the rights of indigenous people can be seen in the decision No. 55 / PUU-VIII/2010 in the case of judicial review of Law No. 18 Year 2004 on Plantation where the Court has canceled the provisions of articles 21 and 47, paragraphs 1 and 2 Plantation Act, as such provisions are considered only benefit businesses but ignore the rights of local communities as customary owners land rights. "All efforts and actions that disregard or harm the constitutional rights of indigenous peoples is unacceptable," said Akil.

Hopefully, through this forum, can be found agreement between the local government and indigenous people to formulate strategic points to increase the awareness of all parties to work together to encourage the acceleration of regional autonomy for the welfare of the whole society, especially indigenous people in the land of Batak. (Agung Sumarna / mh)