State failure in recognition and protection of indigenous peoples over natural resource access in East Kalimantan

Abstract

ABSTRACTThis article investigates the facts and performance of the Indonesia legal system in providing recognition and protection to indigenous peoples in the management of natural resources. This includes the patterns of legal relationships regarding land ownership in the indigenous peoples’ controlled areas. This study draws on information collected from selected areas in East Kalimantan, namely: Paser Mayang Village of Paser Regency (for coastal issues), in addition to Lamin Telihan Village, Lamin Pulut Village and Teluk Bingkai Village of Kutai Kertanegara Regency (for land and forest issues). The ever-growing strength of legal unification carries the spirit of legal certainty. This has reduced the use of customary law in maintaining access to and legal guarantee over the management of natural resources. Companies that have the support of the state through the licencing systems to control natural resources also have used the superiority of state law. Indigenous peoples have limited resources to satisfy their requirements to acquire licences. As such, indigenous peoples are surely losing their control of their own lands to these companies or corporations. This is slowly and inevitably degrading the identity and integrity of the indigenous peoples and the traditional culture. The weakness of the legal protection over the areas utilized by the indigenous peoples evidently confirms the failure of the state in recognizing and protecting indigenous peoples and their rights.