Protection Of Indigenous Peoples Research Articles

Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy

The recognition and protection of indigenous peoples in Indonesia remain uncertain due to the absence of ratified laws specifically addressing their rights. This lack of legal instruments undermines their recognition and protection, leading to uncertainty regarding their traditional rights. This article aims to identify potential arrangements for derivative regulations to address this gap. Normative legal research, employing a legislative and conceptual approach, was utilized. The findings suggest that while legal recognition of indigenous peoples exists in various laws, regional regulations tailored to local conditions are necessary. However, there's no consensus on which regulations should serve as the basis for these regional laws. Recommendations propose that the Agrarian Law, Human Rights Law, Village Law, and Job Creation Law could inform regional regulations to recognize, protect, and fulfill the traditional rights of indigenous peoples, thereby mitigating dualism of authority.

Multikulturalisme dan Kebijakan Publik: Rekognisi dan Perlindungan Hak Asasi Masyarakat Adat di Indonesia dalam Perspektif Universalisme Interaktif Seyla Benhabib

This article discusses the issue of recognition and protection of community rights in Indonesia in the light of Seyla Benhabib's interactive universalism. The research aims to analyse the challenges and opportunities in pursuing recognition and protection of indigenous peoples within the framework of interactive universalism, by emphasising cultural diversity and the importance of the local context. Interactive universalism concerns about the importance of dialogue, public participation, and the adaptation of democratic principles in preserving indigenous peoples' rights. Here interactive universalism is used to review the state of indigenous peoples' rights in Indonesia. Various public policies have caused conflicts, ranging from land take over to human rights violation, that are detrimental to the existence of indigenous peoples. Public policy as a representation of the state should protect their rights. In this article public policies are reviewed from the perspective of interactive universalism. The review process will consider cultural diversity in order to prevent future problems and to recommend adequate and assured protection of the rights of indigenous peoples. This research is a qualitative research using a philosophical approach and literature review to analyse actual problems.

Recognition and Protection of Indigenous Peoples’ Rights to Tongkonan Land in Tana Toraja Regency, South Sulawesi Province, Indonesia

This study aims to analyze the position of Tong konan land as part of the Tana Toraja Indigenous Peoples and analyze the Tongkonan land management system. The research method used is empirical juridical sourced from primary data and secondary data by being analyzed qualitatively descriptively. The results of this study show that the status of Tongkonan land ownership in Toraja is not comprehensive due to the need for an approach based on local wisdom values so that Toraja customary law communities can carry out all economic, social, and cultural activities on Tongkonan land and there is also a new legal relationship between customary law communities and Tongkonan land and The loss of legal relations between the two sides caused by the loss of communal value of the tongkonan land . The status of tongkonan land is bound by customary law so that it is subject to applicable customary law, among others, the land is prohibited from being transferred to other parties outside the Tongkonan community (Toraja indigenous people)

On the Cultural Stakes of Deep Seabed Mining

Ownership over the deep seabed and its mineral riches was unsettled until well into the twentieth century. Yet, by the 1960s, a remarkable spirit of universalism prevailed. States declared the deep seabed to be the common heritage of [hu]mankind, determining that its exploitation and protection would require collective management. The seabed beyond national jurisdiction (or, the “Area”)1 spans roughly half of the surface of the Earth. It contains critical minerals, such as cobalt and copper, which technological advances have rendered increasingly within reach. States have worked collectively and proactively to regulate the near-future exploitation of the deep seas, thus far acting squarely within the law of the sea. As the possibilities of commercial mining appear clearly on the horizon, and as the impacts of mineral extraction come more and more sharply into view, the time has come to reassess whether the (monumental) concept of common heritage—part of the law of the sea—is enough to balance equities among states, mining companies, and human populations affected by mining. Is the current law capable of adequately preserving fairness and equity among all stakeholders in isolation from the legal regimes for human rights, environmental protection, cultural heritage, and the protection of Indigenous peoples and local communities? These regimes emphasize that deep seabed mining is not just an economic pursuit, it is also one that affects the lives and identities of individuals and peoples—and provide legal tools and strategies for harmonizing those interests. Yet established rules and norms around participatory governance and cultural rights have been all but ignored within recent international negotiations about how to regulate seabed mining.

The System of Indigenous Peoples’ Protection in BRICS States: An Overview of Legal and Litigation Support

This article provides an overview of the international obligations of the BRICS member states related to the protection of indigenous peoples’ rights, as well as discusses the current trends in the ethno-national policies of those countries. The authors arrive at the conclusion that though the majority of the BRICS states are parties to the basic human rights agreements, there is no full-fledged agreement on the protection of indigenous peoples within the BRICS framework specifically addressing the rights of indigenous people, even though the countries collectively have aboriginal communities. One of the primary and major reasons why the BRICS countries are reluctant to assume obligations under the existing agreements compared to the Euro-Atlantic bloc of Western states is the motley ethno-cultural “palette” of these countries, which complicates public administration in this area of legal relations. Both India and China are state parties to the International Labor Organization Convention 107, which provides for “paternalism” and “integration” of the indigenous population without explicitly recognizing their “right to self-determination” and development within the framework of this right. The main problems associated with ethnopolitics in the BRICS countries are those pertaining to the provision of legal frameworks and litigation support to uphold the right to self-identification, protection of the native language and the preservation of traditional uses of natural resources.

Interpretation of Regional Regulation No. 1 of 2021 on the Recognition and Protection of Indigenous and Tribal Peoples of the Truk Pintuni Regency

As mandated by the 1945 Constitution of the Republic of Indonesia, the State recognizes, respects and protects the unity of the customary law communities and their traditional rights for as long as they remain in existence and through recognition and protection of indigenous and tribal peoples in accordance with the development of the people and the principles of the United Republic of Indonesia. With the enactment of the Regional Regulations on the Recognition and Protection of Indigenous Peoples in the Bintuni Bay Area, the Government automatically recognized the right to life and traditional customs that had existed for generations and could be exercised in corridors that complied with general norms. Bintuni Law School and the Law Department of West Papua carry out socialisation activities in Bintuni Bay Regency 1, 2021 Recognition and protection of Bintuni Bay Regency Customary Law Community so that indigenous peoples know that their rights are protected by the government in the form of regional regulations so that there will be legal certainty for whoever leads in the future.

Juridical Consequences of Article 17 Paragraph (3) of Sekadau Regency Regional Regulation No. 8/2018 on the Recognition and Protection of Customary Law

Recognition and protection of Indigenous Peoples already exist in the Indonesian Constitution, especially Article 18B and Article 28I of the 1945 Constitution which recognize Indigenous Peoples, so the regions should support them. The object of this research is the existing Regional Regulation in Sekadau Regency, namely Regional Regulation No. 8/2018, especially Article 17 paragraph (3), this research intends to analyze the provisions of the article supporting the recognition and protection of MHA or actually burdening MHA to fight for their rights, so that the process of administrative requirements becomes increasingly complicated. A Regional Regulation (hereinafter referred to as Perda) regulates the recognition and protection of indigenous peoples in Sekadau District. The number of indigenous peoples that have been recognized by the Perda is 5 (five), even though there are many indigenous peoples in the district. This research uses normative legal research methods, then a descriptive approach, then the sources needed by this research are secondary data. Secondary data includes primary legal materials and secondary legal materials, processed and analyzed using qualitative methods. This research found that the regulation of Regional Regulation Number 8/2018, especially Article 17 paragraph (3) has not been adhered to optimally. This is because there are inhibiting factors in the form of the funds required are not small and the Government has not carried out its obligations to the rights of MHA in Sekadau Regency optimally in terms of providing assistance to MHA in fighting for the recognition of the existence of MHA.

“Merebut Kembali Tanah Leluhur”: Dinamika Akses dan Pengelolaan Hutan Masyarakat Adat Marena

The access of the Marena indigenous people in Enrekang Regency, South Sulawesi Province, Indonesia to their land has changed from time to time. Since community land is claimed by the state as state forest areas, community access is limited. When the Marena indigenous people obtained a customary forest decree from the Ministry of Environment and Forestry, community access was regulated through customary control. This article focuses on the dynamics of access for the Marena indigenous people in accessing their land.
 This qualitative research was conducted in the Marena customary territory. There were 16 informants consisting of traditional leaders, former hamlet heads, head of AMAN, land owners, and the Marena indigenous people who do not own land in the customary forest. Primary data was collected using observation and in-depth interviews, while secondary data from various regulations (i.e. Constitution, Law, Government Regulation, Regional Regulation, District Head Decree, Constitutional Court of Indonesia Decree, etc.) and related publications (books, articles, reports, etc.) were also examined.
 The results of this study indicate that community access to forests is determined by state policies. In the beginning, the community had free access to their land before their plantations became state forest areas. Changes in the status of community land to state forest areas, limiting community access to their land so that the Marena indigenous people have to make some efforts, namely mediation, uprooting poultices, logging clandestinely and openly, poisoning pine trees, and expelling rude forest rangers. Changes in forestry policy after the Orde Baru era marked the era of recognition of forest management by indigenous peoples. This is used by the people in Marena's customary territory to free up their land which was previously made into state forest. For that, they are assisted by AMAN and the local government. AMAN played a role in facilitating the Marena indigenous people in legalizing their customary forest. The Enrekang Regional Government played a role in issuing the Enrekang Regency Regional Regulation No. 1 of 2016 concerning Recognition and Protection of Indigenous Peoples in Enrekang Regency and District Head Decree No. 155/KEP/II/2018 concerning Recognition of Marena Customary Law in Enrekang District recognition of customary forests. The government of Pekalobean and Singki villages played a role by giving approval for Marena's customary territory. It is undeniable that the involvement of these institutions have an important role in their land acquisition. In addition, the boundaries of customary forest areas are quite dynamic. Customary forest is a mechanism to protect community land, so that they can access their land and take advantage of natural resources in customary forests. However, customary rules need to be updated, so that they are relevant to today's context. In addition, the management of resources in the form of pine can be exploited for its economic potential by utilizing pine sap and making it a tourist attraction. Recognition of indigenous peoples needs to be tightened because it is political to reclaim access to natural resources.

The Impact of Indonesia's Mining Industry Regulation on the Protection of Indigenous Peoples

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. There is a need to improve mining management legislation and systems. Standardization of reclamation and post-mining management is required to provide implementation guidelines that meet the needs of the community. It has no negative impact on the community surrounding the mine. Licensing is one policy that can be used to implement standardization, which means keeping an eye on how the land is managed after mining, how waste is handled, and how policies are made to encourage mining and conservation activities that are good for the environment.

Peranan Budaya Hukum Kementerian Lingkungan Hidup dan Kehutanan Dalam Penetapan Hutan Adat

After the decision of the Constitutional Court Number 35/PUU-X/2012 which stated that customary forests are not part of state forests but private forests provide legal certainty and protection of the rights of indigenous peoples in managing customary forests. As a follow-up to this decision, the Ministry of Environment and Forestry established Minister of Environment and Forestry Regulation P.32/Menlhk-Setjen/2015 concerning Private Forests which has been renewed through Minister of Environment and Forestry No.9 of 2021 concerning Management of Social Forestry. Until now, the number of customary forests that have been determined is 107 customary forest units. One of the factors supporting the increase in the number of customary forests is a change in the internal legal culture of the LHK when verifying and validating customary forest applications. Based on the results of the research, facts and problems were found, one of which was related to the requirements for recognition of legal subjects for groups holding rights through regional legal products which could be in the form of Regional Regulations (PERDA). The PERDA contains the Recognition and Protection of Indigenous Peoples and the areas managed by these communities. Some PERDAs are not included with maps of customary territories or there are no other regional legal products that define the boundaries of the community's managed areas. In addition to the problems of legal subjects and areas of management, changes in the legal culture within a government institution also have an influence on the process of recognizing these rights. This writing uses an empirical legal research approach by examining the roles of the legal culture of the Ministry of Environment and Forestry in determining customary forests

Economic Development of Indigenous Papuans: A Critical Analysis to Build Independent and Dignified Traditional Villages

Problems within indigenous peoples include issues, such as self-identity, outlook on life, rights to land, forests or natural resources (SDA), claims to traditional territories/territories, and so on. The conceptual unification of the four dominant factors is 'vulnerable' which makes it easier for the existence and roles and demands of indigenous peoples to be marginalized. Discourse on indigenous peoples has been, is temporary, and will continue to take place in Indonesia, as long as their status and rights have not been officially and fully guaranteed by law and implemented by the government, including their involvement in economic development. The results of the study indicate that the model of economic development of indigenous peoples in Papua Province can be carried out through four strategies. First, the recognition and protection of indigenous peoples' rights by the state and local governments. Recognition and protection of the rights of indigenous Papuans by the state and the Papuan Provincial Government. Second, increasing the understanding of indigenous Papuans for their economic development. Indigenous peoples through existing institutions can initiate and manage their economic development process through partnerships with government and non-governmental institutions, such as banks and other banking institutions. Third, the development of the economic capital of indigenous peoples, which consists of customs, belief systems, values, language, culture (traditional tourism, dance and carving), and traditional knowledge in the management and protection of life. Fourth, the development of community-based tourism, in which the Papua Provincial Government needs to involve local indigenous peoples through the recognition of local wisdom possessed by indigenous peoples.

On the Study of the Sustainable Development of Intangible Cultural Heritage of Indigenous Peoples’ Diets—Take the Protection of Geographical Indications as an Example

From the perspective of geographical indications, this article introduces the methods used by the geographical indication system to protect indigenous peoples’ diets as an intangible part of their cultural heritage. By collecting and analyzing the data of the five major intellectual property offices of the world, we can understand the protection status of the intangible cultural heritage of indigenous peoples’ diets. Difficulties and controversies in the protection of food-related intangible cultural heritage geographical indications; the solution method is based on an in-depth understanding of development strategies, and four suggestions are provided; finally, the self-check sheet for the protection of indigenous peoples’ dietary intangible cultural heritage geographical indications is supplemented. Combining the questionnaire surveys and field visits, the conclusions are: The protection of indigenous peoples’ food culture is not a deliberate attempt at preserving traditions, but instead the market demand that is most directly oriented to the times and food; while protecting indigenous peoples’ food culture through geographical indications, revitalizing the inheritance and development of community food culture; giving more rights to the indigenous peoples, and providing a good legal protection environment for the inheritance, dissemination and innovation of intangible cultural food heritage; give full play to the potential of geographical indications and their associated benefits.

Policy dismantling and democratic regression in Brazil under Bolsonaro: Coalition politics, ideas, and underlying discourses

AbstractDrawing on a cost–benefit approach, policy dismantling literature typically examines case studies following omitted and blame‐avoidance strategies, which contrasts with the highly visible dismantling fostered by Bolsonaro's far‐right administration in Brazil. This study examines the mechanisms leading to this active process and places it in the context of major policy changes in several fields (i.e., rural development, land titling, social protection, environment, and protection of indigenous peoples). It shows that dismantling decisions were made incrementally by conservative coalitions that seized upon the economic crisis to consolidate a neoliberal turn; however, this turn was radicalized with the expansion of the conservative alliance and tied together by populist rhetoric. This study sheds light on the politics of policy dismantling and addresses it as a process of democratic backsliding.

Pengusahaan Sumber Daya Alam dengan Persetujuan Masyarakat Adat

State control of natural resources for the sake of the greatest prosperity of the Indonesian people can be seen from the regulations that were born where this regulation provides an authority by the state carried out at the will of the Indonesian people. However, the text of the recognition and constitutional protection of indigenous peoples still leaves two main problems. First, the recognition of indigenous peoples is placed on conditions as long as they are still alive, in accordance with community development and the principles of the Unitary State of the Republic of Indonesia. Second, the constitution introduces two terms, namely the Unity of the Customary Law Community (Article 18 B paragraph 2) and the Traditional Community (Article 28 I paragraph 3). There is absolutely no explanation regarding these two terms, thus giving rise to new interpretations of these two things which have led to polemics in the regulatory arrangements under them. In this study using normative legal research methods using a literature study legal approach. When the occurrence of the two legal problems above the state raises a polemic in carrying out judicial efforts which have always been in conflict with the legal status of indigenous peoples, for that the government places more emphasis on a sociological approach. only guaranteeing welfare from the economic field, but considerations in the environmental field for that the state guarantees this as the most important part of the constitutional mandate this cannot be separated from various factors ranging from the environment which has an impact on health, the economy which has an impact on welfare is carried out as part of the the state is present in providing guarantees for respect and protection of the rights of indigenous and tribal peoples.

Sustainable Development Goals in International Law and Protection of Rights of Indigenous Peoples

Introduction. International acts on sustainable development and human rights protection and promotion reveal interconnection between sustainability of development and protection of indigenous peoples’ rights. As the two concepts, that of sustainable development and that of indigenous peoples’ rights, are reflected in international law acts, their study in terms of international law science is necessary. The study is aimed to define theoretical bases and timely issues of international law coverage of sustainable development of indigenous peoples..Materials and Methods. The study covers universal and regional (these of Arctic and America) international acts concerning sustainable development and protection of human rights. Works of specialists in international law and other humanitarian sciences dedicated to protection of indigenous peoples’ rights and sustainable development serve as its theoretical basis. The authors stick to system approach in their analysis of the concepts studied in terms of international legal science. Alongside with common scientific methods, they apply special methodology of legal science.Results. Application of historical and comparative legal methods to the international acts on sustainable development and protection of human rights allowed the authors to reveal three major trends. The fi is recognition of indigenous peoples’ right to development and enjoyment of the virtues of sustainable development by the international community. The second one is the direct connection between protection of indigenous peoples’ rights and sustainable development. The third trend consists in recognition of the contribution of indigenous peoples to sustainable development by the international community. Using complex and system methods in studying those tendencies revealed the timely theoretical issues of maintaining sustainable development of indigenous peoples.Discussion and Conclusions. Ensuring sustainable development of indigenous peoples is impossible without a review of the philosophical framework of the concept of sustainable development taking into account visions of those peoples. Protection of indigenous peoples’ rights directly influences their ability to enjoy virtues and contribute to sustainable development. Ignorance towards indigenous peoples’ rights and legal interests results in prejudice to those peoples caused by activities aimed to achieve the sustainable development goals. Modern sustainable development agenda doesn’t take into account a number of possible spheres of cooperation between indigenous peoples, civil community and state in the field of sustainable development.

Can multi-stakeholder forums mediate indigenous rights and development priorities? Insights from the Peruvian Amazon

The protection of indigenous peoples in isolation and initial contact (PIACI) is one of the most complex issues in the human rights and environmental agenda. The implementation of frameworks to protect PIACI involves addressing conflicts by the advance of public and private initiatives and interests in their territories. This paper focuses on PIACI Roundtable, a multi-stakeholder forum (MSF) established in Peru's Loreto region to contribute to protecting these groups. The MSF sought to address the long-standing delays in the creation of five Indigenous Reserves for PIACI in Loreto's forests. The paper argues that MSFs may be fruitful spaces to raise awareness of the rights of vulnerable peoples and coordinate the implementation of supporting actions, but only when participants hold a shared respect for those recognised rights. If not, MSFs may become spaces where powerful actors relegate recognised rights to a perspective among others.

Penetapan Wilayah Adat dan Masyarakat Hukum Adat Desa Penyengat Kecamatan Sungai Apit Kabupaten Siak

The problem that occurs is how the indigenous people of swamps interpret the lack of management territory, the loss of livelihood resources and organize themselves to seize opportunities for management rights. The problem of customary land and indigenous peoples above, the researchers felt the need to study more deeply on the Determination of Indigenous Areas and Customary Law Communities in Penyengat Village, Sungai Apit Subdistrict, Siak Regency, Based on the Minister of Home Affairs Regulation No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Peoples. This type of research is sociological, so the data source used is primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Data collection techniques are done by observation, interviews, and literature review.

The State’s Duty to Consult Indigenous Peoples: Where Do We Stand 30 Years after the Adoption of the ilo Indigenous and Tribal Peoples Convention No. 169?

ILO Convention No. 169 remains the only treaty open for ratification specifically and exclusively dedicated to the promotion and protection of indigenous peoples’ rights. Its cornerstone is the State’s duty to consult indigenous peoples. This article presents the history of the emergence of the duty to consult indigenous peoples in ILO Convention No. 169, its normative content and related guidance from the ILO supervisory bodies. It further examines developments with regard to this duty in the UN and the Inter-American systems and explores the relationship between such developments and ILO Convention No. 169. The paper revisits State practice of countries that have ratified that Convention, illustrating progress and challenges relating to the implementation of regulatory frameworks for consultation with indigenous peoples.

Az egészséges környezethez való jog, mint alapvető emberi jog – Lehetséges megközelítések az egyes emberi jogvédelmi mechanizmusok gyakorlata alapján, különös tekintettel az őslakos népeket érintő kérdésekre

The aim of the author is to examine the nexus between the development of the indigenous peoples’ rights – which came like a blast – and the prevalence of the right to a healthy environment. As another goal, the author aims to reveal how the protection of indigenous peoples’ rights can facilitate the realisation of environmental protection and sustainable development goals. In order to achieve his goals, the author – after clarifying the definitions in the first chapter – introduces the indigenous peoples and healthy environment related practice of the three regional human rights protection mechanisms – namely the European, the Inter-American and the African – in the second chapter. In the third chapter, the author briefly introduces those rights of the indigenous peoples, which could serve the protection of indigenous peoples’ rights and the positive and negative examples. The author draws his conclusions in the last chapter.

IUU Fishing as a Disputed Concept and Its Application to Vulnerable Groups: A Case Study on Arctic Fisheries

Abstract This study is a brief reflection upon the features of the Central Arctic Ocean Fisheries Agreement with regard to indigenous stakeholders, and the potential effects of their uncritical inclusion in the broad interpretive and compliance paradigm known as illegal, unreported and unregulated (IUU) fishing. Developed from a vulnerability perspective, the study highlights the need to take into account interdependencies between fragile ecosystems and vulnerable human communities. The authors formulate a normative pathway for the regulation of Arctic fisheries that explicitly integrates legal frameworks established for the protection of indigenous peoples and their rights, promoting a nuanced, legally informed and inclusive understanding of the IUU fishing paradigm.