Kesetaraan di Hadapan Hukum dan Pengakuan Adat Adat: Kritik Terhadap Pasal 5 Undang-Undang Provinsi Sumatra Barat No. 17 Tahun 2022

Abstract

This study aims to examine the constitutionality of Article 5 letter c of Law Number 17 of 2022 on West Sumatra Province from the perspective of equality before the law as guaranteed by the 1945 Constitution of the Republic of Indonesia. The provision exclusively recognizes Minangkabau customs and culture as the primary characteristic of the province, thereby neglecting the existence of the Mentawai indigenous community as a legally recognized customary law society within the same territorial jurisdiction. This research employs a normative legal method with a statutory, conceptual, and comparative approach. The findings indicate that Article 5 letter c contains normative exclusion that is potentially inconsistent with Article 18B paragraph (2), Article 28D paragraph (1), and Article 28I paragraph (2) and (3) of the 1945 Constitution. The principle of equality before the law demands that the state recognize and protect all indigenous communities within its territory without discrimination. This study recommends legislative revision to accommodate the Mentawai indigenous community's rights within the provincial law framework.