Indigenous People, Their Rights, And Existences: Ambiguity in Acknowledgment

Abstract

“Indonesia is among the most diverse countries of the world, with 1,128 different ethnic groups with at least 538 registered indigenous and tribal communities. Recognition of customary law communities has been explicitly stated in paragraph 2 of Article 18B and paragraph 3 of Article 28I of the 1945 Constitution of the Republic of Indonesia.” Although there is an identification of the rights of indigenous peoples in the 1945 Constitution. However, legal products are specifically intended to protect the rights of indigenous peoples.” The condition is different from those stated in the two articles mentioned above. For example, in areas where local laws or regulations regarding indigenous peoples had been created, conflicts that exclude their rights to natural resources commonly happen. Hence, it is clear that there is still a denial of the rights of indigenous peoples, the denial of their identity and existence. In this case, the defining and interpreting of indigenous peoples often mean a limitation on them, to the point where the violence and deprivation of indigenous peoples' rights threaten their existence, which to some extent resulting in a systemic violation of human rights.”