Indonesia is not just a country that has many islands, nor is it just a geographical mosaic that stretches from Sabang to Merauke, but also a place where thousands of cultures live with Indigenous Peoples as one of the important actors. Indigenous Peoples as guardians of forests and traditional wisdom have realized real diversity. On the other hand, Pancasila as an ideology offers an inclusive home for this diversity. In addition, Pancasila, which is not only an ideology but the basis of the state, has included pluralistic values that permeate the national legal system. In articles 18B paragraph (2) and 28I paragraph (3) of the 1945 Constitution, it has been explicitly acknowledged about the existence of Indigenous Peoples and their traditional rights. However, there is often a gap between the ideal conditions of Pancasila and the bitter reality experienced by Indigenous Peoples.

The author through this paper wants to argue that the recognition and empowerment of Indigenous Peoples is a test of the implementation of Pancasila, but also the key to complete social justice. Indigenous Peoples in their life practices until today, until the moment this article was made, have implemented what is contained in the precepts of Pancasila. The author tries to describe it as follows.

1. The One GodheadIn the first precept, according to Aragon (2000), Indigenous Peoples have placed nature and ancestors in a sacred spiritual relationship. The ritual of respecting nature is a holistic theological system that is in harmony with the first precept. Consequently, if there is  a neglect of the spirituality of Indigenous Peoples, it is contrary to the freedom of worship as stipulated in article 29 of the 1945 Constitution.
2. Just and Civilized HumanityWarren (1993) states that the values of humanity, justice, and civilization can be manifested in the form of customary rules that govern the relationship between humans and nature. In addition, the principle of mutual cooperation and deliberative settlement of conjectures has become an integral part of the social system of Indigenous Peoples. This means that any form of criminalization and forcible expulsion of Indigenous Peoples is a clear violation of human rights and contrary to the second precept.
3. Indonesian UnityUnity is not the same as unity. Accioli (2001) stated that the cultural richness of Indigenous Peoples is the buffer of Indonesia’s pluralistic national identity. Consequently, the coercion or effort to change the good culture inherent in Indigenous Peoples with a single interpretation of the government actually collapses the spirit of Bhinneka Tunggal Ika. Pancasila has a spirit in uniting existing diversity and Indigenous Peoples in this case are an important part of this process.
4. Peoples Led by Wisdom in Deliberation/Representation in Modern Asia Studies (2001) states that Indigenous Peoples have so far made consensus deliberation the heart of traditional customary governance. Neglect of customary institutions in decision-making can damage deliberative democracy. On the other hand, the principle of FPIC (Free, Prior and Informed Consent) in every development process, especially carried out by the state, is a concrete embodiment of the fourth precept.
5. Social Justice for All Indonesian PeopleIn fact, many cases of Indigenous Peoples in areas rich in natural resources are actually marginalized, which leads to the seizure of customary land. The seizure of customary land without fair compensation is a denial of the fifth precept. Upholding social justice in Pancasila should be implemented by recognizing the customary rights of Indigenous Peoples and empowerment based on local wisdom.

Although Indigenous Peoples have actually implemented the values of Pancasila in their life practices, in fact until now they have not received their full rights and often experience criminalization and discrimination. To overcome the gap between the ideal of Pancasila and the existing reality, the author feels that concrete steps are needed in the form of legal recognition that specifically regulates Indigenous Peoples, in this case the ratification of the Indigenous Peoples Bill into Law. This is also in accordance with the decision of the Constitutional Court (MK) Decision Number 35/PUU-X/2012 concerning the Forestry Law. This solution is seen by the author as a strategic and progressive step. However, this solution must also be followed by a change in the country’s paradigm in viewing Indigenous Peoples.

Indigenous Peoples are not mere objects of development or relics of the past. They are subjects of law and holders of rights and a vital part of Indonesia’s future. According to Dawson and colleagues (2024), fair governance based on equal partnerships for Indigenous Peoples and local communities has a significantly more positive impact on ecological conditions.

In principle, fighting for the rights of Indigenous Peoples is not a threat to Pancasila, but the fulfillment of the deepest promise of Pancasila itself, which is to realize social justice for all levels of the Indonesian people, in the framework of unity that respects differences, upholds wisdom/representation, based on just and civilized human values, and under the protection of the One God in its diversity. Strengthening Indigenous Peoples is the strengthening of Pancasila itself. When indigenous rights are respected, Indonesia is not only fairer, but also more assertive in reflecting its identity. Pancasila is only strong if all pillars, including Indigenous Peoples, can stand equally in this country.

Reference

Acciaioli, G. 2001. Archipelagic Culture’ as an Exclusionary Governmental Discourse in Indonesia. The Asia Paci3c Journal of Anthropology, 2(1), 1-23.

Aragon, L. V. 2000. Fields of the Lord: Animism, Christian Minorities, and State Development in Indonesia. University of Hawai’i Press.

Dawson, N. M., Coolsaet, B., Bhardwaj, A., Booker, F., Brown, D., Lliso, B., Loos, J., Martin, A., Oliva, M., Pascual, U., Sherpa, P., & Worsdell, T. 2024. Is it just

conservation? A typology of Indigenous peoples’ and local communities’ roles in conserving biodiversity. One Earth, 7(6), 1007–1021. https://doi.org/10.1016/j.oneear.2024.05.00

Li, T. M. 2001. Indigenous Peoples, Difference, and the Limits of Recognition in Indonesia’s Forest Zone. Modern Asian Studies, 35(3), 645-676.

Warren, C. 1993. Customs and Dinas: Balinese Communities in the Indonesian State. Oxford University Press.

Disclaimer: This article was written in Indonesia and has been translated by Google Translate. In case of dispute or discrepancy, the original language of the article should prevail.