The Draft Law on Indigenous Peoples has gone through a harmonization, consolidation, and conceptual refinement process at the House of Representatives (DPR) Working Committee. The draft is ready to be brought to the Plenary Session of the DPR to be enacted as an Initiative Law of the DPR. Once it becomes an Initiative Law of the DPR, the DPR will send it to the President of the Republic of Indonesia for further deliberation.

As an Initiative Law of the DPR, the President of the Republic of Indonesia will appoint relevant ministers to create a List of Inventory Issues (DIM) in response to the draft law from the DPR. Each article will be assessed by the government, specifically the relevant ministries, to determine if it aligns with the interests of each ministry. Therefore, it is essential to observe the stance of the ministries regarding the Indigenous Peoples Law.

During the Talkshow on the Indigenous Peoples Law organized by Partnerships and the Indigenous Peoples Law Watch Coalition, we were able to learn about the positions of several ministries concerning the Indigenous Peoples Law. Representatives from various ministries were present to provide feedback on the Indigenous Peoples Law, including the Ministry of Home Affairs, the Ministry of Agrarian and Spatial Planning/National Land Agency, the Coordinating Ministry for Human Development and Culture, the Ministry of Maritime Affairs and Fisheries, the Ministry of Education and Culture, and the Ministry of Social Affairs. However, the Ministry of Environment and Forestry did not attend the invitation.

Based on the presentations by administrative officials representing the ministries, it can be concluded that, in general, the related ministries support the Indigenous Peoples Law. However, officials in the ministries also feel the effects of sectoralism in providing public services for indigenous communities. Hence, this sectoralism needs to be addressed by the Indigenous Peoples Law.

The support from the DPR (with 8 factions approving the draft to be brought to a plenary session) and the expressions of support from ministry officials are a breath of fresh air after the long struggle of communities, especially the Indigenous Peoples Alliance of the Archipelago (AMAN), who have been advocating for the enactment of the law for years. Following this, we all must ensure that the support from legislative and executive officials is not merely performative. Substantially, it must be ensured whether the spirit of respect, protection, and fulfillment of indigenous peoples’ rights is reflected in the draft law to be discussed jointly by the DPR and the government.

For example, from the current draft, there are some regulations that do not align with civil society’s aspirations, such as the provision for evaluation every 5 years in one of the working committee reports. It is also necessary to consider the views of the DPR and the government regarding key concepts related to indigenous peoples. For instance, how will the regulation on the legal status of indigenous peoples be structured? How about the regulation on the status of indigenous territories? Are they in line with the wishes of indigenous peoples? Are they in accordance with Constitutional Court Decision 35/2012 and MPR Decree IX/2001? In reality, some administrative officials still view indigenous land rights as merely private rights.

Sectoralism will not be overcome if officials in ministries still want the Indigenous Peoples Law to comply with the normative framework of sectoral laws and their implementing regulations. This can be seen, for instance, from the presentations of some speakers who requested that the Indigenous Peoples Law be adjusted to previous regulations, such as regulations in the maritime and fisheries sector.

There are many substantial aspects of the Indigenous Peoples Law that need to be closely monitored. It must be ensured that the support from legislative and executive officials is accompanied by adequate understanding that aligns with the interests of indigenous communities, so that the long-awaited law can address the violations of indigenous peoples’ rights that have been occurring in the field. The Indigenous Peoples Law is indeed urgent, but more importantly, the discussions must be conducted carefully to ensure that the interests of indigenous communities are accommodated. The right of indigenous communities to Free, Prior, and Informed Consent (FPIC) is also crucial to consider. This means that in the discussions on the Indigenous Peoples Law, indigenous communities have the right to be involved and asked for their approval regarding the articles in the law before it is enacted. It should not only involve indigenous leaders, but all representatives of indigenous communities should be involved and asked for their approval. For instance, the voices, sufferings, interests, and aspirations of indigenous women will only be represented when indigenous women are given the space to voice their experiences and thoughts.

Let’s not allow the fate of the Indigenous Peoples Law to be like that of the 2013 Law on the Protection and Empowerment of Farmers. The initial spirit of the law to protect farmers was contradicted by the substance of the articles that were eventually enacted. The substance that was eventually enacted into law differed from the draft proposed by civil society. This is because in discussing the law, the DPR and the government should not go