[From and oped piece in Kompas.id by former National Human Rights Commission (Komnas HAM) member and policy analyst Mimin Dwi Hartono titled "Independence and the fate of the indigenous communities in the IKN".]
The celebration of the 79th anniversary of the Republic of Indonesian's Independence in the new capital city Nusantara (IKN) should be the initial milestone for the recognition and protection of indigenous peoples. The IKN region, which takes 252,660 hectares of land, must be a safe house for indigenous peoples.
According to the Nusantara Indigenous Peoples Alliance (AMAN), there are 22 indigenous communities that are members of AMAN in the IKN (Cahyadi, 2021). It is certain however that the actual number of indigenous communities is more than that because not all are members of AMAN. The number of indigenous people in the IKN is around 20,000 people (Mantalaen, 2021).
Before the IKN, indigenous communities had already faced and experienced a variety of conflicts with corporations or the government because their customary territories were included in various company concessions.
The existence of the IKN has therefore raises concerns and insecurity for the indigenous communities because they have already experienced prolonged agrarian conflicts.
Meanwhile the government is giving land use rights (HGU) to investors of up to 190 years through Presidential Regulation Number 75/2024 on the Acceleration of IKN Development. Yet thousands of indigenous communities in the IKN have not yet received recognition of or protection of their right to land and their future livelihood.
National Human Rights Commission (Komnas HAM) field studies in 2022 and 2023 documented that the land boundary markers installed by the government and the Land Bank Agency are alleged to be on customary land.
Recognition of the existence of indigenous peoples is regulated, in among others, the 1st to 4th amendments to the 1945 Constitution, Article 18B and Article 28 I paragraph (3), People's Consultative Assembly (MPR) Decree Number VII/MPR/1998 on Human Rights, Law Number 39/1999 on Human Rights and Constitutional Court ruling Number 35/PUU-X/2012 on a judicial review of Law Number 41/1999 on Forestry, which states that customary forests are not state forests.
Minister of Home Affairs Regulation Number 52/2014 on Guidelines for the Recognition and Protection of Indigenous Peoples already regulates the authority of decrees issued by governors, regents and mayors in recognising indigenous peoples. For indigenous peoples who are within the state forest area, the Ministry of the Environment and Forestry (KLHK) establishes customary forests after the publication of regional regulations...
The full article in Bahasa Indonesia can be read here: https://www.kompas.id/baca/opini/2024/08/20/kemerdekaan-dan-nasib-masyarakat-adat-di-ikn