Constitutional Provisions About Indigenous People in Indonesia and Brazil: Lessons Learned

Abstract

Due to the indigenous peoples’ condition of being prone to conflict and discrimination, it is important for the law, especially the constitution, to protect indigenous peoples. In this article, the author discusses the recognition and protection of indigenous peoples under the Indonesian and Brazilian constitutions. This research is a normative research. Based on the comparison, the approach used by the 1988 Brazilian Constitution on regulating the indigenous peoples’ recognition and protection are more specific than the approach used by the Amended 1945 Indonesian Constitution. The 1988 Brazilian Constitution regulates the indigenous rights which is a direct result from the constitutional recognition and protection. These include the right to be different, the ability to file a lawsuit, and provision on land rights, which are not included in the Amended 1945 Indonesian Constitution.