Recognition of indigenous communities is hindered by the lack of integration of government institution functions. Why?

By: Hariadi Kartodihardjo

The issue of recognizing indigenous communities lies in the integration of functions between central and regional government institutions. From field findings, this integration seems to be the key to accelerating such recognition. Last week, I attended a workshop in Jakarta on this matter involving the World Resource Institute (WRI) Indonesia, the Indigenous Territory Registration Agency (BRWA), and the Huma Association.

There are seven ministerial-level regulations related to the recognition and protection of indigenous communities. These regulations consist of two Regulations from the Minister of Agrarian and Spatial Planning/National Land Agency (ATR/BPN), two Regulations from the Minister of Environment and Forestry (KLHK), one Regulation from the Minister of Home Affairs, one Regulation from the Geospatial Information Agency (BIG), and one Regulation from the Minister of Maritime Affairs and Fisheries (KKP). In addition, there are 161 regional regulations and one Government Regulation concerning land issues.

The implementation of all these regulations faces various obstacles. For example, there are rivalries in land and forest allocation for agrarian reform, social forestry, and large-scale businesses accompanied by conflicting interests. There are overlaps in spatial planning and regulatory authority between the central and regional governments. There is a lack of access to data and information related to land for agrarian reform (TORA) and social forestry at the site level.

There is also a lack of clarity in regulations regarding the integration of various participatory customary law community maps into government spatial planning. The absence of responsible institutions to finalize the recognition and protection of indigenous communities, including their customary rights, is also a major obstacle. The difficulty for indigenous communities to meet various prerequisites occurs due to the lack of commitment from local governments.

Another obstacle is the limited resources, both budgetary and the lack of working capacity of government staff and facilities to meet the recognition requirements. Even after all requirements are met, various recognition initiatives have not been realized due to the lack of collaboration in consolidating data and information among various stakeholders. This includes working together on economic development for community welfare.

In the discussion, I presented three points:

Firstly, the bureaucratic situation in Indonesia is unique and a problem for all sectors. However, in terms of function, government institutions generally already have the necessary functions as a system. The complete function of an institution can be achieved through programs of all units within the institution.

In the field, with various problems, communities often only receive services from specific units. As a result, without comprehensive services, the process of achieving the ultimate goal is not realized. For example, in the recognition of customary law communities in a certain area: even though their customary territory has been mapped, the community has not yet received recognition. Even after obtaining recognition, indigenous communities still do not have access to economic development.

In the discussion, I presented three points:

Firstly, the bureaucratic situation in Indonesia is unique and a problem for all sectors. However, in terms of function, government institutions generally already have the necessary functions as a system. The complete function of an institution can be achieved through programs of all units within the institution.

In the field, with various problems, communities often only receive services from specific units. As a result, without comprehensive services, the process of achieving the ultimate goal is not realized. For example, in the recognition of customary law communities in a certain area: even though their customary territory has been mapped, the community has not yet received recognition. Even after obtaining recognition, indigenous communities still do not have access to economic development.

At that time, a Joint Decree was issued to accommodate the functions of these three institutions. However, before it could be implemented, the regulation was replaced by a Presidential Regulation regarding the settlement of third-party rights in forest areas. This Presidential Regulation eliminated the institutional integration. From here, it is evident that the integration of forest utilization is influenced by sectoral political interests.

The Omnibus Law on Job Creation did not