Author: firda amalia

 

The National Commission on Violence Against Women (Komnas Perempuan) held a discussion entitled ‘Initial Mapping of the Urgency of Protecting the Rights of Indigenous Peoples in the Draft Law on Indigenous Peoples’ Legal Systems.’ The discussion, which took place on May 2, 2024, via Zoom, featured several speakers including experts from the Indonesian House of Representatives, the Indigenous Peoples Advocacy Alliance, the Indigenous Women’s Alliance of the Archipelago (PEREMPUAN AMAN), Aman East Kalimantan, PW AMAN Nusa Bunga, and AMAN Bali.

The discussion organized by the Komnas Perempuan’s Legal Reform and Policy Sub-Commission aimed to gather new information about the Draft Law on Indigenous Peoples’ Legal Systems and identify the progress of advocacy efforts related to the draft law.

Research by Komnas Perempuan revealed the existence of 185 indigenous communities spread across 150 villages in East Kalimantan. However, only two indigenous legal communities have received recognition, namely the Dayak Paser Mului indigenous community and the Paring Sumpit indigenous community, both located in Paser Regency. Out of these two groups, only the Mului indigenous community has been recognized for their customary forest covering an area of 7,700 hectares in Swan Slotung Village, Muara Komam District, Paser Regency, East Kalimantan. Meanwhile, the Paring Sumpit indigenous community is still in the process of obtaining recognition for their customary forest.

Out of the 10 regencies/cities in East Kalimantan, only five have local regulations regarding the procedures for recognizing and protecting indigenous communities. Sixteen Indigenous Peoples (IP) communities are still in the verification and approval stage through Decrees from the Regent, including 10 IP communities from Kutai Timur Regency, namely the Kayan Umaq Lekan IP community in Miau Baru Village, the Wehea IP cluster in six villages of Wahau District, the Basap Tebangan Lembak IP community in Bengalon District, the Long Bentuk IP community in Busang District, and the Basap IP community in Karangan Dalam.

Further exploration in Bali Province, for example, shows that the Balinese people, also known as Wong Bali, Anak Bali, or Krama Bali in Balinese language, are the majority ethnic group on the island of Bali. Based on the Village Regulation No. 3 of 2001, Balinese village communities desire autonomous village management separate from administrative villages. Article 1, paragraph 4 of Bali Province Regulation No. 3 of 2001 states that: “Desa Pakraman is a customary community unit in Bali Province with a unified tradition and social norms of Hindu society passed down through generations in the Kahyangan Tiga, or Village Kahyangan, which has a specific territory and its own wealth and has the right to manage its own household.”

On the other hand, East Nusa Tenggara (NTT) is known for its diverse ethnicities with different customs and traditions among villages. According to the journal “Measurement of Social and Cultural Aspects in NTT Province,” there are 16 indigenous ethnic groups in NTT, including Helong, Tetun, Kemak, Marae, Rote, Sabu or Rae Havu, Sumba, Manggarai Riung, Ngada, Ende Lio, Sikka-Krowe Muhang, Lamaholor, Labala, and Alor. However, WALHI NTT noted that in the past three years, there have been several agrarian conflicts between indigenous communities and the government, as well as between communities and investors.

The vulnerability of indigenous communities to threats and violations of their rights underscores the importance of the Indigenous Peoples Bill as a protection measure against any development or investment that may threaten their living space. Indonesian House of Representatives Expert, Emmanuel J Tular, revealed that the government has shown little concern for indigenous issues, causing the discussion on the Indigenous Peoples Bill to stagnate.

“At the committee level, there isn’t actually a problem, but at the leadership level of the House of Representatives, especially the Speaker of the House, there is still no strong intention to advance this bill, and I am very disheartened when I see that the desire for