Indonesian House of Representatives Promises to Ratify Indigenous People Bill in 2025

1 month ago 39

November 20, 2024 | 08:27 am

TEMPO.CO, Jakarta - The Indonesian House of Representatives (DPR) has determined that the Draft Law on Indigenous Peoples will be included in the 2025 National Legislation Program (Prolegnas). This bill was proposed to be included in the priority prolegnas for 2025 by three DPR members: Sulaeman Hamzah, Martin Manurung, and Rudianto Lallo. The Indonesian Democratic Party of Struggle Faction, the Nation Awakening Party Faction, and the Regional Representative Council also proposed that the Indigenous People Bill be prioritized for enactment next year.

Martin Manurung, who is also a member of the Legislation Body, is optimistic that the Indigenous Peoples Bill will be passed next year. This Nasdem Party politician said that the regulation will provide legal recognition for the existence of customary law communities.

"We from the NasDem Party Faction consider this bill urgent to be enacted. Because there must be rules that can provide recognition, protection, empowerment, guarantees, and legal certainty for indigenous communities," said Martin when contacted on Tuesday, November 19, 2024.

He said that the Indigenous People Bill will be discussed in the Legislation Body. In its discussion, Martin said he will involve relevant parties such as the Indigenous Peoples Alliance of the Archipelago (AMAN) and civil society groups focusing on monitoring indigenous community issues.

Martin also appreciates the involvement of factions and the Legislation Body that proposed this bill. According to him, it indicates the seriousness of the DPR to promptly finalize the Indigenous Peoples Bill and enact it into law.

"We are optimistic that this bill will be completed in 2025," he said.

Martin added that the Indigenous People Bill will refer to Constitutional Court Decision Number 35 of 2012. This decision resulted from a material review of the Forestry Law. In that decision, the Constitutional Court removed the word "state" in the formulation of Article 1 of the Forestry Law, which regulates the definition of customary forests.

Before this decision, the Forestry Law defined customary forests as state forests within the customary law community areas. "In the academic drafting, we will pay attention to that Constitutional Court decision," he said.

The Legislation Body member from the National Awakening Party Faction, Daniel Johan, expressed a similar thing. Daniel said one of the priorities of the National Awakening Party Faction this year is to ratify the Indigenous Peoples Bill. He also requested the public to continue monitoring the bill.

"This bill is very prioritized for the National Awakening Party because it concerns the interests of indigenous communities that need protection," said Daniel in a written statement on Tuesday, November 19, 2024.

According to the Chairman of the Indonesian Malay Cultural Assembly (MABMI), Ok Sidin, there is no reason for the DPR and the government to postpone the ratification of the Indigenous Peoples Bill. He said that the bill is a constitutional mandate.

"There is no reason for the DPR and the government to hold back the Indigenous Peoples Bill, because this law is a constitutional mandate," said Saidin. According to him, this bill is urgent to be promptly ratified because many unresolved land disputes have occurred.

The Indigenous Peoples' Alliance of the Archipelago (AMAN) noted that in the last 10 years, there have been 687 agrarian conflicts in indigenous areas. These conflicts occurred on an area of 11.07 million hectares, resulting in more than 925 indigenous people criminalized in the last 10 years. Of this number, 60 of them have been subjected to violence by state authorities, and one person has died.

The Secretary-General of AMAN, Rukka Sombolinggi, said one of the substance of the Indigenous People Bill is the recognition of indigenous forests and living areas of indigenous communities. He said that conflicts have occurred between indigenous communities and government and corporate entities because there is no legal recognition of indigenous forests and areas.

Therefore, he urged the DPR and the government not to postpone the ratification of the Indigenous Peoples Bill any longer. "This bill is a constitutional mandate and will protect the rights of indigenous people and provide legal certainty over indigenous areas that have been neglected so far," he said when contacted on Tuesday, November 19, 2024.

Meanwhile, the Indigenous Peoples Bill has been proposed since 2010. This bill has been included in the Prolegnas list three times during the DPR periods, from 2010 to 2024.

Editor's Choice: Ignoring the Rights of Indigenous People

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