Recognition Of Indigenous Peoples Research Articles

Dispute over the recognition of indigenous peoples in the lawsuit calling for the return of the Ryukyuan remains

ABSTRACT This paper will first review the debate over the definition and recognition of Indigenous peoples with regard to the people of Ryukyu/ Okinawa, focusing on the colonial history, specifically regarding the case of the lawsuit calling for the return of the Ryukyuan ancestral remains. Then, after an overview of the history of the lawsuit calling for the return of the Ryukyuan ancestors, which was instigated in 2018, I will present what has been achieved so far, the challenges that remain, and the prospects for the future. There, the ‘colonialism by academic knowledge’ nurtured since the colonial period will be exposed, and the recognition by the state of the people of Ryukyu and Okinawa as Indigenous peoples, and the possibility of solidarity among civil society and domestic and international Indigenous and minority peoples will be analyzed.

TR SANDAH: WITHERING JUDICIAL ACTIVISM

This study discusses the Federal Court judgment in the case of Director of Forest, Sarawak & Anor v. TR Sandah Tabau & Ors and other appeals [2017] 3 CLJ 1. The Federal Court’s decision was said to deviate from an earlier established principle of the common law recognition of existing indigenous peoples’ land rights, the content and extent of which are determined by community customary laws. The common law acknowledgement or recognition of indigenous peoples’ pre-existing rights to their traditional and customary lands held by the Federal Court in Adong bin Kuwau v Kerajaan Negeri Johor [1997] 1 MLJ 418 and Madeli Salleh v. Superintendent of Lands & Surveys & Anor [2005] 3 CLJ 697 complimented the existing safeguards given under the Federal Constitution and statutory laws relevant to Orang Asli in Peninsular Malaysia and the natives of Sabah and Sarawak. Therefore, this study aims to examine whether the Federal Court’s decision in TR Sandah FC reflects judicial conservatism by giving preference to statutory laws passed by the elected officials that resulted in the regression of the recognition of the indigenous peoples’ customary land rights. The method adopted in this study is a qualitative approach via doctrinal legal research. This is a text-based examination of legal texts and other scholarly materials. This shows judges in Malaysia are said to play a more conservative role in the interpretation of legislation. It would be fundamental to highlight the development of the judicial treatment of the indigenous peoples’ land rights in Malaysia and its implications.

Local Wisdom in Indonesia: Assessing its Legal Status and Role in Forest Protection

This study delves into an examination of the role played by local wisdom in the protection of forests. The recognition and acknowledgment of local wisdom, enshrined in customary law within the environments of indigenous peoples, encounters challenges, particularly when the legitimacy of customary law itself is in question, especially concerning forest protection. In addressing these concerns, a normative juridical approach was employed to scrutinize legal source materials. The findings of this research affirm that the recognition of indigenous peoples as legal entities, particularly under international law, necessitates collective consideration. Through this conceptual framework, indigenous peoples can assert their aspirations autonomously and even advocate for international policies aimed at safeguarding and upholding the rights of indigenous peoples globally, with predetermined terms and conditions. The study underscores the contribution of local wisdom to forest protection, exemplified by the formulation of customary forest concepts applicable to indigenous communities. Local wisdom has demonstrated efficacy in averting and mitigating forest damage, particularly within customary forest areas, owing to the steadfast adherence of indigenous peoples to the principles encapsulated in their customary law. Moreover, the effectiveness of local wisdom in forest preservation is bolstered by the intrinsic characteristics of traditional indigenous communities, fostering wise and sustainable forest management practices. The study posits that the normative nature of customary law, as a living legal entity, may face ineffectiveness, potentially jeopardizing its own existence. Nonetheless, it contends that the state should formally recognize the exclusivity of customary law through constitutional and legal frameworks, thereby fortifying the application and viability of customary law within predetermined geographical areas and communities designated by the government

Indigenous Peoples’ rights in national climate governance: An analysis of Nationally Determined Contributions (NDCs)

Although the recognition of Indigenous Peoples’ contributions to climate governance by the international community has gradually increased, a rights-based approach in national climate action is still largely absent. This article analyses the recognition of Indigenous Peoples’ rights in Nationally Determined Contributions (NDCs) under the Paris Agreement. We conducted a content analysis of all NDCs submitted between 2016 and May 2022. Through a five-pronged framework of sustainable self-determination, we assessed how the NDCs recognise: i. Indigenous Peoples as rights-holders; ii. Indigenous jurisdiction over land; iii. Indigenous knowledge systems; iv. Indigenous Peoples’ right to full and effective participation in climate governance; and v. the legacy of colonialism. NDCs with references related to Indigenous Peoples are increasing. However, questions remain regarding their sincerity and commitment to implementation. States must therefore make more significant efforts to ensure that the NDCs take a rights-based approach and contribute to strengthening Indigenous Peoples’ role and say in climate governance.

Water for life in Alberta, Canada

Water is integral to Alberta’s economy, grounded in agriculture, power generation, extractive industry, tourism, and recreation. In 2003, the Government of Alberta released the Water for Life Strategy (the Strategy) amidst growing public concerns over multiple impacts on provincial water resources. The Strategy is a framework document guiding the development of watershed plans across the provincial landscape to be implemented by Watershed Protection and Advisory Committees (WPACs). This paper explores the extent to which First Nations in Alberta were included in the government’s development of the Strategy and in the implementation of the Strategy by the WPACs. Our research data was gathered through key informant interviews with WPAC personnel as well as content analysis of relevant planning documents from provincial and WPAC sources. The research results point to an absence of First Nations inclusion in both the development of the provincial water Strategy as well as the implementation of the Strategy through the WPAC policies and plans. The results also identify institutional gaps and opportunities by which the provincial government and the WPACs may engage more effectively and inclusively with Indigenous communities. From our analysis, we recommend a series of institutional arrangements to advance far greater inclusion of Indigenous voices and recognition of Indigenous peoples as rights-holders, in watershed planning in Alberta.

Indigenous Peoples’ Rights in Brazil: A Conceptual Framework on Indigenous Constitutional Law

The recognition of indigenous peoples as subjects of rights by the 1988 Brazilian constitutional as well as the development of International Law opened the way for establishing, at least in a theoretical perspective, an “essential core of rights” of indigenous peoples, surpassing the historical integrationism. However, these norms vary significantly with a reality marked by the permanence of integrationist practices, asserted by the state, as is the case of “timeframe thesis”. Therefore, the aim of this paper is to critically analyse, landed on the fields of constitutional theory and legal sociology, the essential core of indigenous peoples’ rights in Brazil, pointing to the current issues that hinder or hamper its enforcement. Keywords: Indigenous peoples’ rights; Brazil; Indigenous Constitutional Law; Human rights.

“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.

POVOS INDÍGENAS: MULTICULTURALISMO E RECONHECIMENTO

For many years, indigenous peoples have been the target of a civilization attempt, resulting in their oppression, through an ethnic discrimination, living in a complex and difficult circumstance, which is characterized by situations of poverty and exclusion, where the cultural ethos is not recognized, consequently destructing the original cultural identity of these peoples. In contemporary society, with the ongoing process of globalization, where the prominence of economic development is unleashed over the other dimensions of social life, instead of bringing to light a scenario of cooperation and dialogue between different countries, peoples and cultures, it threatens to constitute a monologue and cultural imposition, urging the need of recognizing the characteristics of each cultural space. In this sense, the proposal is to reflect on the perspectives of indigenous cultures that are strongly disrupted by the unique thinking that was imposed all over the world, which, to be legitimized, uses legal and moral arguments to defend certain universal values. A stereotyped image of indigenous peoples has been established, as if they were an obstacle for the development of our societies, arising an attempt at cultural hegemony. Social conflicts are increasingly related to issues of differences recognition that figure in a highlight position when it comes about the fights for multiculturalism, where one seeks to promote universal respect for shared humanity and esteem for different cultures due to their specificities. The recognition policy that will be discussed works together with the redistribution policies, where one does not replace or exclude the other, in order to stimulate the interaction between differences and protection of human rights, otherwise, the forces that promote inequality and oppression would be reenforced, rather than acting towards the recognition of indigenous peoples.

The Recognition of Indigenous Peoples in Latin American Climate Governance: A Review of Nationally Determined Contributions

Abstract Indigenous Peoples’ advocacy has enabled them to position themselves in global debates on climate change. Although the international community progressively acknowledges Indigenous Peoples’ contributions to climate action, their effective recognition in national climate governance remains marginal. This article analyses Indigenous Peoples’ recognition in the climate governance of Latin American states based on a document analysis of the Nationally Determined Contributions (NDCs) submitted between 2016 and March 2022. A content analysis and a frequency analysis were conducted on 30 documents. Mentions related to Indigenous Peoples in the NDCs are increasing; nevertheless, this recognition reproduces the multicultural approach that has characterized Latin American states’ legislations and thereby undermines the coherence of climate policy. The references mainly allude to cultural diversity and climatic vulnerability without addressing the ongoing territorial conflicts that mediate the relationship between Indigenous Peoples and states. Nor do the NDCs recognize the right of Indigenous Peoples to participate at the different levels of climate change decision-making processes. Intercultural recognition of Indigenous Peoples and better standards of participation in climate change governance are mandatory. However, states must first promote institutional transformations to address the historical and institutional factors that have produced Indigenous Peoples’ climate vulnerability and generate the necessary mechanisms to implement the recognition committed to in the NDCs. Significance Statement The decisions of the Conference of the Parties of the UN Framework Convention on Climate Change progressively encourage the participation of Indigenous Peoples and consider their knowledge in decision-making processes. Our article explores how this recommendation is assumed in Latin America through the analysis of Nationally Determined Contributions (NDCs)—the national pledges in the context of the Paris Agreement for the reduction of greenhouse gas emissions and adaptation to climate change. Our findings reveal that the mentions and recognition of Indigenous Peoples in NDCs are increasing. This recognition is not matched by promoting full and meaningful intercultural participation. In addition to generating mechanisms for effective participation, addressing the multiple historical and institutional drivers of Indigenous Peoples’ climate vulnerability is necessary.

Asking the experts: Indigenous educators as leaders in early education and care settings in Australia

The educational rationale behind the inclusion of Indigenous knowledges and perspectives in early education and care services in Australia is grounded in effective engagement and support of Indigenous families. Additionally, this inclusion aims to promote non-Indigenous understanding and recognition of Indigenous peoples, with a view to strengthening reconciliation and improving outcomes for Indigenous children. However, a lack of confidence and capacity of a largely non-Indigenous early childhood educator cohort has resulted in either the absence or misrepresentation of Indigenous knowledges and/or perspectives. This paper presents research that identifies Indigenous peoples as the owners and experts of Indigenous knowledges and perspectives. Employing a qualitative approach from within an Indigenous methodological framework, the research engaged the expertise of Indigenous educators to identify and recruit additional research participants. From this research, it is clear that specific characteristics related to knowledge, experience and understanding position Indigenous educators as the most valuable and capable leaders in the inclusion of Indigenous knowledges and perspectives in early education and care settings.

RELATIONAL DYNAMICS OF STATE LAW AND CUSTOMARY LAW: A STUDY OF THE ULAYAT LAND RIGHTS RECOGNITION

The recognition of ulayat rights is essential in fulfilling indigenous people’s rights. However, the Indonesian government has not fully recognized their rights. This research aims at analyzing the recognition of ulayat right from the Dutch colonial, reformation to the Job Creation Law periods. This is doctrinal legal research focusing on relevant literature. Data are analyzed qualitatively. The research shows that during the Dutch occupation, it is ruled in Agrarisch Wet 1870 followed by Agrarisch Bestluit regulating all lands without provable rights belonging to the state (domein verklaring). Post Indonesia’s independence, Basic Agrarian Law eliminates the Domain Principle and replaces it with State Authoritative Right under Article 33 paragraph (3) of Indonesia’s Constitution. Nowadays, ulayat rights are conditionally recognizable, known as pseudo-recognition. The recognition of indigenous people in the reformation era and post-enactment of the Job Creation Law is too minimal and it strengthens the state’s right over the land.

Indigenous Pedagogies in a Global World and Sustainable Futures

The relationship between Indigenous learning systems and sustainability pedagogies has not been sufficiently elaborated despite the recognition of Indigenous peoples as stewards of the world's biological, cultural and linguistic diversity. Indigenous pedagogies are intergenerational, relational, and land‐based. This special section addresses intergenerational efforts to regenerate local biocultural knowledge in settings that extend beyond the classroom and proposes that educators support these processes by cultivating relational learning through new sensory, perceptive, and affective capacities throughout life.

Protected areas and Indigenous rights in Sápmi: an agonistic reading of conflict and collaboration in land use planning

ABSTRACT The recognition of Indigenous Peoples’ rights has sailed up as one of the most critical issues in land use planning, globally. In this paper, we use a recent planning process for a national park on traditional Sámi territory in northern Sweden to demonstrate how state officials engaged in everyday conservation planning are pivotal in navigating colonial legislation and promoting policy change on Indigenous rights. The analysis contributes, among other, to scholarly debates about the role of conflict in land use planning and the practices of frontline bureaucrats in natural resource governance. Our contribution demonstrates the value of an agonistic lens that attends to the constructive role of conflict in democratic change in pluralistic societies. This concerns both how state officials approach disagreement as well as the way contestation can create novel spaces to promote structural changes towards sustainability and justice. By not assuming collaboration but respectfully seeking it, the state officials succeeded in re-designing a collapsed process to help actors explore larger structural issues around Indigenous rights and government policy. In our agonistic reading, then, contestation should be perceived not as oppositional to the establishment of collaboration but as a necessary, and productive, part of inclusive land use planning.

Urgensi Rancangan Undang-Undang Masyarakat Adat Ditinjau dari Konflik Warga Adat Toruakat di Suladesi Utara

Conflicts that occur between The Indigenous Peoples of Toruakat and PT. Bulawan Daya Lestari, in Bolaang Mongondow – North Sulawesi, which resulted in 1 (one) indigenous person being killed and 4 (four) other indigenous people injured, can be said to reveal the fact that the Government cannot be present to protect indigenous peoples. Protection, fulfillment, and recognition of indigenous peoples should be related to the substance of human rights in the Constitution of the Republic of Indonesia of 1945. The existence of confirmation in the constitution is not only limited to the recognition of the constitutional rights of indigenous peoples but also must ensure the fulfillment of these constitutional rights.tttttttttt The occurrence of such conflicts can ultimately show an urgency to the Indigenous Peoples Bill. This writing aims to find out and analyze the speed of the Indigenous Peoples Bill reviewed from the conflict of Indigenous Peoples toruakat in North Sulawesi. The method used in this study is a normative juridical method, with secondary data sources as the primary data, then the collected data is analyzed qualitatively...
 Keywords: Urgency of Draft Law, Indigenous Peoples

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.

Community-Based Conservation and Ecological Integrity: An Assessment of Kibale and Queen Elizabeth Conservation Areas in Uganda

Community-based conservation in four national parks and four wildlife reserves in Kibale and Queen Elizabeth Conservation Areas, Uganda is explored. This study investigated how community-based conservation protects ecological integrity through evaluation of the extent to which communities participate in conservation, its usefulness, and the challenges they face, using a survey. Data was collected May 2018 to April 2019 using literature review, focused group discussions, Key Informant Interviews, and semi-structured questionnaires from 259 respondents selected from the local authorities and households adjacent Kibale and Queen Elizabeth Conservation Areas. This study analysed data using Cronbach’s alpha coefficient, Kruskal-Wallis Analysis of Variance, Pearson Chi square test, and Univariate Analysis of Variance; and presented the results in tables and figures. The study established that local communities participate in conservation education and awareness, benefit sharing, and boundary management programmes which contribute to biodiversity conservation and ecological integrity. Recognition of indigenous people’s property; knowledge of Key Park attributes; and participation of local authorities and private sector improves people-park relations, and creates acceptance of wildlife. Community-based conservation results into increased community knowledge and collaboration, community-based tourism, private sector involvement; growth in eco-lodges and campsites, and collaboration between local communities and park management. Local community participation creates trust, belonging, acceptance, and reduces pressure on the park resources. The study concludes that Community-based Conservation is integral to conservation of biodiversity and protection of ecological integrity. However, it’s challenged by poor governance, limited community involvement in conservation-related decision making, community involvement in illegal activities, and unrealistic community expectations. The wildlife agency should provide incentives to meet community needs, strengthen the benefit sharing scheme, formulate community conservation related policies, and also create and strengthen community conservation institutions to participate in conserving biodiversity and ecological integrity. Future research should explore local community perceptions and attitudes towards wildlife conservation. Keywords: biodiversity conservation, local community participation, wildlife protected areas DOI: 10.7176/JEES/12-4-02 Publication date: April 30 th 2022

Forest restoration to promote a fair post COVID-19 recovery in the Brazilian Amazon

Forest restoration has attracted the attention of different organizations, investors, and donors with the launch of the UN Decade for Ecosystems Restoration (2021–2030), along with climate and biodiversity commitments. Restoration can address many of mankind's challenges, such as biodiversity loss, climate change, water security, and poverty. In the Brazilian Amazon, the ~28 million inhabitants are among the most vulnerable of the country, and this has only worsened during the COVID-19 pandemic. Meanwhile, millions of hectares are suitable for forest restoration. The growing demand for large-scale forest restoration projects have been prioritizing biophysical objectives (e.g., number of trees, hectares of land, and carbon) while it should be prioritizing the local people's well-being and a fair transition to a sustainable economy based on forest services' recovery. Nonetheless, many challenges need to be overcome to realize this potential. Amazonian states need to control illegality, enforce the existing policies and promote innovative ones to halt deforestation and enable large-scale restoration. Better governance and social engagement are urgently needed but depend upon, recognition of indigenous peoples and local communities' rights, needs, and knowledge. Forest restoration represents an opportunity for the emergence of a more inclusive development paradigm, much needed in the Amazon region, especially in the post COVID-19 world.

Indigenous Rights and Interests in a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges

The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and Indigenous rights in the Arctic with attention to the implications for Arctic Ocean governance.
 The article first introduces international legal instruments of importance to Indigenous peoples and their rights in the Arctic. Then it considers the domestic legal and policy frameworks that define Indigenous rights and interests in Russia and Canada. Despite both states being members of the Arctic Council and parties to the United Nations Convention on the Law of the Sea, there are many differences in their treatment of Indigenous peoples with implications for Arctic Ocean governance.

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

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.