Interpreting Between the Concept of Customary Law Community And the Concept of Indigenous People (A Theoretical Study)

Abstract

The concept/term often used in the community and in the academic world is the concepts/terms of customary law community and indigenous people. In its development, there are those who equate the two concepts, and those that distinguish them according to their point of view. Therefore, the problems that arise in our society in everyday life are the difficulty to distinguish or interpret between the two concepts, namely: what the concept of indigenous people and the concept of indigenous peoples are, and how the background of the differences between the two concepts is. The method used in reviewing the problem above was normative legal research, by studying various literature/materials, both primary, secondary and tertiary legal materials. The concept of the customary law community and the concept of indigenous peoples are used in the same sense because the subjects are the same, even though theoretically and academically the concepts are different. The difference between these two concepts/terms is due to the emergence of historically different backgrounds, such as in aspect of language, users (people, scholar, entity or scientific field, all of which use the terms to give identity to certain group of people (as subject) in a certain area).