The Indigenous People Bill is considered a concrete manifestation of the constitutional mandate to protect the rights of Indigenous Peoples.
TEMPO.CO, Banjarmasin – Figure of Indigenous Peoples community, Dayak Pegunungan Meratus in Hulu Sungai Tengah Regency, South Kalimantan, Harnilis, said that the Meratus Indigenous Peoples are ready to defend and preserve their customary lands from becoming state-owned conservation areas. Harnilis responded to the efforts of the central and regional governments to designate the Meratus Mountains as a National Park or conservation area.
According to Harnilis, the plan to establish the Meratus customary lands as a National Park is considered to violate the traditional rights of Indigenous Peoples. “The forest is not just our living space, but a part of life itself. If taken away, we lose everything,” said Harnilis through a written statement by Forest Watch Indonesia (FWI) received by Tempo on Thursday, April 17, 2025.
He emphasized that the Indigenous Peoples of the Meratus Mountains who inhabit the current customary lands are already able to ensure their livelihood needs independently, such as clothing, food, shelter, medicine, drinking water, and others. Therefore, Harnilis said, the Meratus Indigenous Peoples consider the customary lands in the Meratus Mountains as an inseparable living space with their beings.
Harnilis mentioned that to manage the natural resources of the Meratus Mountains, especially in Hulu Sungai Tengah Regency, the Indigenous Peoples work together cooperatively, involving both men and women, old and young, to preserve the various cultures that have been passed down through generations.
“There is no stronger force between men and women, they are all strong and important. We will not succeed in farming, cultivating, or holding events without both,” said Harnilis.
Academic from IPB University, Rina Mardiana, stated that Indigenous Peoples are autochthonous communities, which means they have a strong historical and cultural connection to a specific area and have their own legal, social, and economic systems that differ from the surrounding communities.
“They have traditional rights over land and natural resources, as well as the right to self-governance. They are not fragments of the state or former kingdoms,” Rina emphasized.
Based on this, according to Rina, the Indigenous Peoples Bill is a concrete manifestation of the constitutional mandate. “Without this law, the recognition of Indigenous Peoples’ rights remains sectoral, slow, discriminatory, and prone to conflicts,” said Rina Mardiana.
Erwin from the HuMa Association added that based on the minutes of the amendment session of the 1945 Constitution, it can be concluded that the term traditional rights is intended to make the understanding of traditional rights flexible. “Because until the end of the ratification of Article 18B paragraph (2), the scope of traditional rights was not agreed upon in detail,” said Erwin.
Erwin argued that in addition to the original intent of the phrase traditional rights, it can be a reference for formulating the rights of Indigenous Peoples in the Indigenous Peoples Bill.
Furthermore, he said, various existing norms and situations faced by Indigenous Peoples are other references. “The Indigenous Peoples Bill must clarify the inherent rights of Indigenous Peoples, ensure that these rights are human rights, and make the State responsible for respecting, fulfilling, and protecting these rights,” Erwin emphasized.
The urgency of the Indigenous Peoples Bill is also voiced by Triawan Umbu Uli Mekahati from Koppesda Sumba. He admitted that Indigenous Peoples have made various efforts to ensure that the position of Indigenous Peoples receives complete protection and recognition. “But without national regulatory support, we are only seen as hindrances to development,” said Triawan, also known as Umbu Tri.
Umbu Tri added that the Indigenous Peoples in East Sumba apply good practices in managing natural resources to ensure sustainability. The utilization of natural resources is controlled through customary institutional systems and decision-making mechanisms, such as customary deliberations, to avoid excessive exploitation of natural resources.
In a note from FWI, the Indigenous Peoples Bill is a draft law that aims to recognize, protect, and guarantee the rights of Indigenous Peoples, including rights to land, natural resources, culture, and customary institutions. Proposed since 2009, this bill has repeatedly entered the National Legislation Program (Prolegnas) but has yet to be passed. In 2024, it re-entered the 2025 Prolegnas. Despite its importance to Indigenous Peoples, the passage of the Indigenous Peoples Bill is still pending due to political and economic interests.
For the full article, please visit the following link: https://www.tempo.co/politik/masyarakat-adat-dayak-tolak-pegunungan-meratus-jadi-taman-nasional-1232466
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