The Indigenous People Bill (RUU Masyarakat Adat or RUU MA) has been proposed by all Indigenous Peoples in Indonesia since 2003 at the AMAN Congress. The existence of the Indigenous People Bill is important for protecting the sovereignty of Indigenous Peoples in realizing social justice for all Indonesian society. In 2010, the Academic Draft Bill of the Indigenous People was formulated to be proposed to the Indonesian House of Representatives (DPR RI). In 2020, after lengthy discussions in the DPR RI, the term Indigenous People (MA) was changed to Customary Law Community (MHA). Therefore, the RUU MA is now known as the RUU MHA.

From the submission of the Indigenous People Bill to the Central Government (Executive and Legislative) until now, it has always faced obstacles. The main obstacles are the political interests that have caused delays in the Indigenous People Bill both in the executive and legislative branches. There is also a lack of clarity regarding the concept and terminology of Indigenous Peoples. Additionally, there is no goodwill from the Government and the DPR RI towards the existence of Indigenous Peoples. As a result, the Indigenous People Bill has not yet become a national legislative program approved by the DPR RI. This has persisted until now, where the legislative process of the Indigenous People Bill is still part of the national legislative program of the DPR RI. This delay has prevented the Indigenous People Bill from being ratified by the DPR RI.

Legally, the Constitutional Court, legislation has recognized, protected, and respected the existence and rights of Indigenous Peoples. For example, (a) Constitutional Court Decision No. 10/PUU-I/2003 which explains the constitutional rights of Indigenous Peoples, (b) Constitutional Court Decision No. 31/PUU-V/2007 explaining the three characteristics of Indigenous Peoples which are then stipulated in Article 18B Paragraph (2) of the 1945 Constitution. Article 18B Paragraph (2) of the 1945 Constitution becomes the benchmark for the legal standing of Indigenous Peoples to challenge laws; (c) Constitutional Court Decision No. 35/PUU-X/2012 regarding the review of Law No. 41 of 1999 concerning Forestry which acknowledges the existence of customary forests that must be separated from state forests; and Constitutional Court Decision No. 95/PUU-XII/2014 concerning the review of Law No. 18 of 2013 which exempts the enforcement of forestry criminal acts for communities who live off and depend on forest resources.

All of these Constitutional Court Decisions are important references for mapping and synchronizing legislation related to Indigenous Peoples, as these decisions explain the meanings found in the provisions of the 1945 Constitution.

Aligning understanding and perceptions related to the existence, rights, and contributions of Indigenous Peoples as an integral part of national integrity needs to be done considering the strategic position of Indigenous Peoples as the foundation of the existence of the Republic of Indonesia. By strengthening and making them a pillar of the Republic of Indonesia, the existence of Indigenous Peoples is ensured to be a cultural asset to safeguard the Republic of Indonesia in the future.

The spirit of the Indigenous People Bill is a comprehensive law that can synchronize regulations spread across various laws and operational regulations in each relevant Ministry/Agency related to the existence and rights of Indigenous Peoples. The Indigenous People Bill provides full autonomy to Indigenous Peoples in managing themselves, including fulfilling their sources of livelihood.

Resource Persons’ Materials:

Sulaeman L. Hamzah – Development of the Customary Law Community Bill: Opportunities, Challenges, and Projection of its Ratification

Sandra Moniaga – National Inquiry and the Customary Law Community Bill

Jaleswari Pramodhawardani – Deputy V Chief of Staff of the President of the Republic of Indonesia

Yance Arizona – Fate of the Indigenous People Bill

Arimbi Heroepoetri – Critical Notes on Advocacy of the Indigenous People Bill