Indigenous Community Does Not Have Legal Umbrella

KOMPAS/RENY SRI AYU

A woman from the Kajang tribe in Bulukumba Regency, South Sulawesi, prepares various foods to be served to guests.

JAKARTA, KOMPAS — The absence of regulations that protect indigenous communities means they are still vulnerable to various threats, violence and criminalization. The presence of the Law on Indigenous People is very urgent, so that indigenous people get recognition and protection from the state.

The absence of state recognition makes it difficult for their communal living space to be given a legal basis. When the living space is encumbered with concessions or becomes a location for infrastructure development and residents try to defend it, tenurial conflicts often occur. In the end, the result is often criminalization.

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According to the 2021 year-end review of the Alliance of Indigenous People of the Archipelago (AMAN), throughout 2021 there were reports of 13 cases of confiscation of customary lands covering an area of ​​251,000 hectares and affecting 103,717 people. In the January-May 2022 period, 11 conflicts with indigenous people were recorded.

The conflicts could get worse following the implementation of various laws that are considered to focus on investment, such as Law No. 3/2020 concerning Mineral and Coal Mining (Minerba) and Law No. 11/2020 concerning Job Creation.

Secretary-General of AMAN, Rukka Sombolinggi, said that conflicts that befell indigenous peoples are not only related to land, but also territories and resources. "Criminalization [of indigenous people] occurs when the state, company or any other party uses existing regulations to silence and intimidate indigenous people," he said on Wednesday (1/6/2022).

One of the substances required to be included in the Bill on Indigenous Peoples, among others, relates to the simplification of the mechanism for recognizing the rights of indigenous people and conflict resolution.

One of AMAN's main demands to the state in order to recognize and protect indigenous people is the ratification of the Indigenous Peoples Bill (RUU). One of the substances required to be included in the Bill on Indigenous Peoples, among others, relates to the simplification of the mechanism for recognizing the rights of indigenous people and conflict resolution.

Included in Prolegnas

Presidential Staff Office (KSP) senior expert staff Usep Setiawan said that the government is still discussing and drafting this regulation with the House of Representatives (DPR). The latest update is that the Indigenous People Bill has been included in the 2022 National Legislation Program (Prolegnas).

He added that the working team at KSP which was formed to accelerate the resolution of agrarian conflicts and the formal recognition of customary territories had finished its works. The report has been sent to the President and related ministries/agencies.

RAD

Supratman Andi Agtas

The chairman of the House Legislation Agency (Baleg) Supratman Andi Agtas, on Monday (6/6), said that the Indigenous People Bill has been included in the 2022 Prolegnas. The bill is an initiative of the House.

House leaders so that the bill is approved to be discussed with the government in a plenary meeting.

Baleg has also finished compiling the academic text and the draft bill. Now, Baleg is waiting for time allocation from the House leaders so that the bill is approved to be discussed with the government in a plenary meeting.

“Baleg is pushing for this Bill on Indigenous People to be ratified immediately. The preparation and harmonization have been completed,” said Supratman.

Meanwhile, head of the Nasdem Faction Group in Baleg, Taufik Basari, said that the indigenous people are eagerly awaiting the legislation of the Indigenous People Bill. "All the requirements have been in compliance with the Customary Law Community Bill, so there is no other reason not to discuss it immediately," he said.

Agrarian law expert and customary law lecturer at Gadjah Mada University (UGM), Rikardo Simarmata, believes that the substance of the Bill on Indigenous People submitted by academics or civil society organizations since several years ago is powerful enough. These substances include those related to the recognition process, protection efforts and the implementation of regional regulations.

He also said that to expedite the ratification of the Bill on Indigenous People, which was considered stagnant, each regional administration could issue bylaws (perda) for recognition of indigenous people and their territories. This, Rikardo added, also needs support and encouragement from the Home Ministry to accelerate the ratification of the bylaws on indigenous people.

Community in the future capital IKN

In North Penajam Paser Regency, East Kalimantan, the location which is designated as the new State Capital of the Archipelago (IKN), there are no indigenous people recognized by the government. The local indigenous people of the Balik and Paser tribes have been excluded from the transmigration program and the granting of forestry concessions.

HUMAS PROVINSI KALTIM

The atmosphere of a traditional procession taking water for a ceremony in the National Capital of the Nusantara, East Kalimantan, Saturday (12/3/2022).

The head of the Balik Tribe of the Sepaku subdistrict, Sibukdin (60) hopes that the government will not rush to build IKN in his area. He hopes that the government will carry out data collection, recognition and protect the rights of local communities first. They were worried that they would be pushed out of their homeland.

Head of the Legal Division of the North Penajam Paser Regency Administration, Pitono, said that harmonization is currently underway on the Regent's Regulation on the identification of indigenous and tribal people. (MTK/DEA/REK/CIP)

(This article was translated by Kurniawan Siswo)