Transformation Model of Institutional Arrangements of Indigenous People To Become Customary Villages: Experiences From Indonesia

Abstract

Objective: this research is motivated by the problem of Law Number 6 of 2014 concerning Villages (Village Law), which forces indigenous people (MHA) to merge and refer to the nomenclature "Customary Village" if they want to be recognized by the state. It is feared that such an arrangement will fail to recognize MHA. This research aims first to analyze the transformation model of the institutional arrangements of the Baduy, Tengger, and Minangkabau indigenous peoples to become Customary Villages. Second, to analyze the Regional Government's policy strategy in creating an inclusive region for MHA. Methods: the focus of this research will be studied using normative research methods and statutory and conceptual approaches. Conclusions: this research concludes that first, the transformation model of the institutional arrangements of the Baduy, Tengger, and Nagari indigenous peoples to become Customary Villages varies in form due to having different philosophical, sociological, juridical, and political backgrounds. a) Baduy MHA is transformed into a hybrid form because it adopts the concept of a modern village and customary simultaneously; b) MHA Tengger is transforming into a modern village but is working again as a Customary Tourism Village. c) Minangkabau MHA has been fully transformed into a customary village. Second, the Regional Government's policy strategy in creating an inclusive region for MHA can be in the form of adjusting the needs and degree of recognition and protection desired by MHA. There are several alternative forms of various policies and different forms of recognition and protection materials.