Photo: Fitriana Hadi

huma.or.id- On Friday, August 16, 2024, the Indonesian HuMa Association held the Book Launch “Customary Law, Class, and Indigeneity of Indigenous People’s Movement in Indonesia.” The book, written by anthropologist Yando Zakaria, was discussed by three speakers: Abdias Yas (HuMa Member), Arimbi Heroepoetri (Coalition Guarding the Indigenous People’s Bill) and Rinto Tri Hasworo (representing the Director General of Culture). The event took place in a hybrid manner as part of the HuMaVoice#9 (monthly discussion) at the Indonesian HuMa Association office. Yando Zakaria highlighted five main points in the book “Customary Law, Class, and Indigeneity of Indigenous People’s Movement in Indonesia.”

First, there is a change in discourse, from customary law communities, which originally shifted to national law discourse to discourse of indigenous communities originating from international movements and indigenous people. By using discourse analysis, we will see specific meanings and ideologies within certain discourses. Indeed, there are implications of these changes. One noted implication is the complexity of recognizing indigenous community rights now, leading to debates at the parliamentary level.

“It requires a certain awareness to use this approach,” said Yando.

Photo: by Fitriana Hadi

Second, there is the factor of the disappearance of class approach post-1965. The use of indigenous community identities becomes crucial in such situations.

Photo: by Fitriana Hadi

Third, simultaneously, there is the emergence of international solidarity in defending the rights of communities affected by development. If we read closely, this underlies the indigenous people movements in the 1970s-1980s.

Photo: by Fitriana Hadi

Fourth, the discourse change becomes more complicated in the realm of legal politics. This involves the academic world, particularly anthropology and customary law studies, which bring together the interests of indigenous communities with various idioms used, such as customary law communities and others. Often, academics like anthropologists claim that there are no indigenous people in Indonesia. On the other hand, legal experts argue that there are no indigenous communities, only customary law communities.

“The debate has been ongoing for 30 years,” Yando expressed.

In this book, “indigenous communities” might be a term needed now. The legal term serves as a nomenclature that can encompass the terms mandated by the constitution, such as customary law communities and traditional communities. The term indigenous communities are adopted not to translate indigenous people. However, if we accept indigenous communities to encompass two entities (customary law communities and traditional communities), because sociologically they are different. “This debate can be resolved.”

Photo: by Fitriana Hadi

Fifth, given the current situation, how do we regulate the recognition of indigenous communities in legislation? Until now, debates have revolved around recognition approaches by both the government and movements, focusing more on subject recognition orientation. Who are the indigenous communities? What are the criteria? and so on.

With a more flexible approach, indigenous communities as customary law communities or traditional communities can actually have their rights related to different subject rights. In other words, we may not need subject recognition. What is needed more is how to administer the