CHAPTER II Position, Rights and Obligations of Indigenous Peoples, Part Two, Rights Article 6 paragraph (2) letter d:

The rights to customary territories as referred to in paragraph (2), letter d include:

1. Control, regulate, manage, manage, and utilize the earth, water, and space including the natural resources contained therein, which exist in the Customary Territory;
2. Determine, develop development priorities, forms and strategies in their customary territories in a sustainable manner in accordance with local wisdom and developing innovations;

CHAPTER VI Indigenous Empowerment

Article 25

(1) The empowerment of Indigenous Peoples including Indigenous Youth and Indigenous Women is carried out by the Central Government and Regional Governments;

(2) Empowerment as intended in paragraph (1) is aimed at increasing the independence and welfare of Indigenous Peoples;

(3) Empowerment as intended in paragraph (1) is carried out by paying attention to local wisdom and customs of Indigenous Peoples;

(4) Indigenous Peoples empowerment is carried out in a planned, coordinated, and integrated manner by involving Indigenous Peoples;

(5) Indigenous Peoples empowerment includes institutional aspects, expanded access, and provision of facilities;

Article 26

(1) The empowerment of Indigenous Peoples as intended in Article 25 shall be carried out through, among others:

1. Improving the quality of human resources;
2. Preservation of traditional culture and its environment;
3. Facilitating access for the benefit of Indigenous Peoples;
4. Productive businesses; and
5. Cooperation and partnership.

(2) Improving the quality of human resources as intended in paragraph (1) letter a, in the form of:

1. Education, including strengthening of traditional schools;
2. Courses or training; and
3. Mentoring.

(4) Facilitating access for the benefit of Indigenous Peoples as intended in paragraph (1) c, in the form of:

1. Access to capital and product marketing outside the Customary Territory;
2. Access to obtain information on the policies of the Central Government and/or Regional Governments; and
3. Access to public services.

(5) Productive business as intended in paragraph (1) letter d, in the form of:

1. Forming and developing agro-industrial businesses based on the potential of biological natural resources;
2. Forming cooperatives or business units according to the Indigenous Peoples’ business fields; and
3. Assistance with funds and facilities in cooperatives or Indigenous business units.

(6) Cooperation and partnership as intended in paragraph (1) letter e, in the form of:

1. Facilitate cooperation between Indigenous Peoples and other parties;
2. Develop a pattern of cooperation and partnership that is mutually beneficial;
3. Placing Indigenous Peoples as equal partners; and
4. Strengthening customary laws that respect human rights, including the rights of indigenous women.

(7) Further provisions regarding the empowerment of Indigenous Peoples are regulated in Government Regulations.

CHAPTER VIII Duties and Authorities of the Central Government and Regional Governments,

Part One: Local Government, Duties and Authorities

28 (e) Facilitating the mapping of Customary Territories; 28 (g) Drafting and establishing policies for the registration of Customary Territories in the national land administration system;

Article 29 (a) establishes policies for the empowerment of indigenous peoples;

Part Two: Local Government, Duties and Authorities

Articles 30 & 31 (h) Facilitate and assist in the preparation of participatory maps of Indigenous Territories; (i) Establish organizational units that have duties and responsibilities to implement the Protection and Empowerment of Indigenous Peoples; (j) Facilitate the mapping of Indigenous Territories, both technically and budgetally;

The rights of Indigenous Peoples are interpreted as a set of rights that are inherited from generation to generation and inherent in identity that include; the right to self-determination and its application; the right to land, territory and natural resources; the right to exercise government; the right to exercise customary law. The scope of these rights is recognized in the UNDRIP article which affirms the position of Indigenous Peoples as holders of collective rights, so that it is illustrated that Indigenous Peoples are the subject of collective law, which has been explicitly recognized in the 1945 Constitution, especially through Article 18B paragraph (2) which states that “the state recognizes and respects the unity of customary law communities and their traditional rights as long as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia”.

The recognition and determination of Indigenous Territories is an important foundation in regional development plans related to the economic development of Indigenous Peoples. Based on BRWA (Customary Territories Registration Agency) data, as many as 33.6 million hectares of customary territories have been mapped. In the context of development, recognition related to the existence and rights of indigenous peoples is a strategic step in encouraging inclusive and sustainable economic development. This is important when seeing that people living around forest areas, including

Indigenous Peoples have a high dependence on the direct use of natural resources as a support for life. Therefore, when communities are officially recognized by the government, with the process of mapping and determining customary territories in it, a management space will be created that allows communities to manage natural resources in their customary territories optimally in accordance with local wisdom. This can strengthen the position of Indigenous Peoples as the main actors in the development of productive businesses such as forest product management, natural commodities, and culture-based products. Sustainable support accompanied by empowerment, capacity building, mentoring, market access and partnerships, will accelerate the transformation of indigenous peoples’ economic improvement.

In practice, the recognition of customary territories is still limited, including in the Land of Papua, only 0.9% or around 1.8 million hectares of the total area of the Land of Papua is recognized by the government as Customary Territory. In fact, Indigenous Territories are their source of livelihood and livelihood, even in the Land of Papua 45% of Indigenous Peoples or indigenous Papuans are very dependent on forest areas. Forest areas will be well maintained by Indigenous Peoples, with local knowledge inherited from generation to generation, so that the protection and maintenance of the territory and environment will continue to be carried out to meet the source of life. This management system proves that Indigenous Peoples are able to manage natural resources optimally and sustainably. A number of studies show that customary-based economic systems managed collectively are able to generate higher income than the minimum wage of Regencies/Cities in some regions because they are sustainability-oriented and minimize external costs such as environmental damage. As a concrete example, it was initiated by EcoNusa through KOBUMI related to strengthening the value chain of the indigenous economy by emphasizing the management of community-based local commodities from upstream to downstream. Starting from strengthening production capacity, processing, to marketing access. Through this idea, Indigenous Peoples can sell their production products regularly and stably, so that increasing community income and the economy based on Indigenous Territories can be integrated with national or global markets without eliminating the principles of sustainability and local wisdom.

Thus, the recognition of Indigenous Peoples’ territories and rights supported by a strong and comprehensive legal framework can expand and strengthen access to empowerment and economic development of Indigenous Peoples. The ratification of the Indigenous Peoples Law is an urgent need as a systematic legal basis for the protection, empowerment, and economic development of Indigenous Peoples, as well as making it the main actor to ensure that the process runs in an inclusive, equitable, and sustainable manner.

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.