Human Rights Law Studies (HRLS) FH UNAIR and Center for Legal Pluralism Studies (CLeP) FH UNAIR collaborate in holding a series of Human Rights Day events every Thursday. This seminar was held to celebrate International Human Rights Day on December 10.
The first series of discussions was on Thursday (17/11/2022), titled “Exploring Indigenous Peoples in the Protection of Human Rights in the Context of Development of the IKN vs. Realization of the 2045 Economy.” UNAIR FH student Anna Maria was invited to be a speaker at the discussion.
Anna said that the rights of many indigenous peoples were marginalized in the development of the IKN megaprojects. This is because the project location has a lot of contact with Adat lands, and the development process and the formulation of legislation (Law 3/2022 concerning the State Capital) do not involve the participation of local indigenous peoples.
“In fact, in Article 18B paragraph (2) jo. Article 28I paragraph (3) of the 1945 Constitution of the Republic of Indonesia guarantees constitutional recognition of the rights of indigenous peoples. However, the embodiment of legal politics in statutory regulations is often minimal and is often overshadowed by the government’s desire for massive economic growth. This IKN megaproject is one of them,” said the Inspector General of MYMA FH UNAIR.
Anna said recognizing indigenous peoples’ rights is still sectoral in Indonesian law. For example, her acknowledgment of Adat forest affairs in the Forestry Law and Decision Number 35/PUU-X/2012 strengthens the position of rights to Adat forests. However, no law explicitly regulates indigenous peoples. Anna added that the Indigenous Peoples Bill still needs to be passed by the DPR, showing the landscape lacks the political will to recognize the rights of indigenous peoples.
Anna’s presentation was then responded to by Joeni Arianto Kurniawan, Ph.D, the Director of CLeP FH UNAIR. Joeni explained that indigenous peoples need special protection because of their vulnerability, especially in Adat land matters. He added that the landscape of land regulations in Indonesia in the Basic Agrarian Regulation Law still suppresses the rights of indigenous peoples.
“So the recognition of Adat land is limited to not contradicting national interests. Adat land ownership by indigenous peoples was long before Indonesia existed. The recognition of the rights of indigenous peoples in Indonesia is still confusing and half-hearted,” said the Customary Law expert.
Joeni said that the fundamental problem in the IKN megaproject is the absence of Free, Prior, and Informed Consent (FPIC) implementation. The application of FPIC to indigenous peoples is necessary, namely, when the state asks indigenous peoples whether their land is allowed to be used for a project. Thus, indigenous peoples are given space for free and informed participation and consent.
“This is because indigenous peoples have the right to self-determination, including utilizing and determining the fate of the customary land they own. So this right should not be misunderstood as a door for separatism; this is the collective autonomy of a society,” concluded Joeni.
