Protection of the rights of indigenous people in the archipelagic province in planning on management of coastal areas and small islands post of Law Number 11 of 2020 concerning job creation

Abstract

The inconsistency of the state’s commitment to the protection of the archipelago’s indigenous people in the management of coastal areas and small islands has become more apparent since the passage of Law Number 11 of 2020 concerning Job Creation. This research is normative legal research that analyzes the synchronization of legislation relating to the management of coastal resources and small islands that are responsive to the protection of indigenous people. The results show that (1) Recognition of indigenous people according to the Job Creation Law is placed on government legal politics in accordance with the provisions of the applicable legislation, showing the incompleteness of norms, which has implications for the weak position of indigenous people in managing coastal resources without recognition/determination as legal subjects. (2) Indigenous people who have received recognition/determination from the local government have the privilege of including the management area as part of the RZ WP3K and managing coastal resources and small islands in accordance with customary law, as long as it does not conflict with the applicable laws. As a result, the research’s recommendations are as follows: (1) Policy advocacy, encouraging acceleration of the legislative process for the Draft Law on Indigenous People and the Draft Law on Archipelagic Regions; and (2) Empowerment, support for capacity building of indigenous people to be critical and innovative in sustainable coastal and small island management through community development.