A. Recommendations
In particular, the Coalition to Guard the Indigenous Peoples Bill in line with the National Inquiry of Komnas HAM submitted recommendations to relevant ministries/institutions, especially the House of Representatives of the Republic of Indonesia (DPR RI) and the President of the Republic of Indonesia, as follows:
- The House of Representatives of the Republic of Indonesia needs to immediately ratify the Bill on the Recognition and Protection of the Supreme Court (RUU on Indigenous Peoples). This is because the recognition of the existence and protection of traditional rights (Indigenous Peoples) is a constitutional mandate; and
- The President of the Republic of Indonesia (through the relevant ministries/agencies) established an independent institution under the President and facilitated the acceleration of the establishment of the Law on the Recognition and Protection of the Supreme Court (RUU on Indigenous Peoples).
B. Introduction
At the end of the 2025 AMAN year, there were 135 cases of appropriation of customary territories with a total area of 3.6 million hectares, consisting of 109 victims who were indigenous communities, and 162 victims of indigenous peoples experienced violence and criminalization. The details of the cases are 2 (two) cases of Indigenous Peoples vs Agricultural Projects covering an area of 699,678 hectares, 3 (three) cases of Tourism Projects covering an area of 17,383 hectares, 5 (five) cases of Energy Projects covering an area of 16,707 hectares, 11 cases of Forestry Concessions covering an area of 52,816.26 hectares, 11 cases of Infrastructure Projects covering an area of 264,357.95 hectares, 34 cases of Plantation Projects covering an area of 1,949,260.37 hectares, and 69 cases of Indigenous Peoples vs Mining Projects covering an area of 1,057,738 hectares (AMAN, 2025:25).
As a result of the neglect and marginalization of indigenous peoples that never ended, previously in 2016, the National Human Rights Commission (Komnas HAM) of the Republic of Indonesia conducted an investigation, analyzed the root of the problem and formulated recommendations for human rights violations experienced by Indigenous Peoples (known as the National Inquiry). This National Inquiry was carried out in the midst of conditions where improvements in laws and regulations and institutions in Indonesia have occurred, but human rights violations continue to occur. The investigation of human rights issues is carried out systematically by involving the community, witnesses, institutions, researchers, educators and policy experts in a transparent manner through the framework of investigating systematic patterns of human rights violations. (Komnas HAM, 2016:82) in his book entitled “National Inquiry of the National Commission on Human Rights: The Rights of Indigenous Peoples to Their Territories in Forest Areas” states the importance of immediate remedies in the form of reparations in the form of restitution, rehabilitation, compensation, and satisfaction. Continued remedies are access to equal and effective courts, and access to relevant information regarding human rights violations and reparation mechanisms.
C. Restoration
According to the online version of the Great Dictionary of Indonesian Language (KBBI), First, restoration contains the meaning of the process, method, and act of recovery. Second, return, repatriation (rights, property, and so on). The rights in the Indigenous Peoples Bill are the right to cultural and spiritual identity, the right to the administration of government, the right to exercise customary law, the right to customary territory, the right to citizenship status, the right to development, the right to a good and healthy environment, and the collective rights of indigenous women. In addition, restoration is a series of activities that are carried out systematically and planned in situations and events both before, during, and after the occurrence of kon_ik which include conflict prevention, conflict termination, and post-conflict recovery.
Rehabilitation (restoration to its original state and/or restoration of its original condition, before the occurrence of human rights violations), which can take the form of, among others, restoration of freedom, return to its original place of residence, restoration of land to its original state including restoration of good name (in the case of previous criminalization or stigmatization), and repair of other life infrastructure damaged by the land acquisition in question (Komnas HAM, 2016:83).
Academic Papers version of the Coalition, restoration is the principle of equality or non-discrimination in the preparation of the Indigenous Peoples Bill. Equality means that there is no distinction based on skin color, education level, cultural differences/variety, belief systems, so that the implementation of nation and State development places Indigenous Peoples as one of the important components of the Indonesian nation to become smarter, more prosperous, and more capable to develop group and individual life within the community as well as within the nation and as citizens of the world. Equality is a very important principle to be carried out consistently by the State cq. Government for several main reasons.
First, if there are Indonesian citizens who are not treated equally/non-discriminatorily by the government or fellow Indonesian citizens and this is allowed to take place without prevention, remediation, or punishment by the State. Second, if outsiders are consistent with the enforcement of this principle, then the discriminatory situation can be a blow to Indonesia in international forums and cooperation.
D. Restitution
According to KBBI, restitution means compensation or payment and redelivery. Restitution in the coalition’s version of academic manuscript review is compensation given by the state and/or other responsible parties to Indigenous Peoples as victims, which can be in the form of restitution of property, payment of compensation for loss or suffering and/or reimbursement for certain actions. Thus, Indigenous Peoples are entitled to proper and fair restitution and/or compensation for the acquisition, possession and use of customary territories without the consent of Indigenous Peoples.
The remedy is carried out as soon as possible in the form of reparation (compensation) provided by the corporation or institution that can be considered as the person responsible for the occurrence of the human rights violation concerned) to MHA, its citizens, and/or the family of the resident (in the event that the MHA resident concerned has died), which can be in the form of, among others, the return of property, the payment of compensation for loss or damage to property, and the payment of compensation for emotional and/or mental damage or for the costs that have been incurred by the victim for his or her recovery (Komnas HAM, 2016:82).
The Indigenous Peoples Bill, restitution is compensation given to the victim or their families by the perpetrator or a third party. Article 23 of the Indigenous Peoples Bill states, First, Indigenous Peoples have the right to Restitution and Rehabilitation due to human rights violations committed by the State and/or other parties in the past. Second, in carrying out Restitution and Rehabilitation, Ministries/Institutions (K/L) are authorized to conduct investigations into alleged violations of indigenous peoples’ rights in the past. Third, based on the investigation, the Ministry of Justice/L makes a decision. Fourth, the Ministry/L contains an order to the parties named in the decision to carry out Restitution and Rehabilitation.
E. Compensation
Restitution and compensation are one unit in their arrangement in the Coalition’s version of the Indigenous Peoples Bill. According to KBBI, compensation is the act of rehabilitating, restoring the former (state), or restoring honor (good name). In the Coalition’s version of academic texts, Rehabilitation is the restoration of the dignity and dignity of Indigenous Peoples that concern honor, good name, position, or other rights.
Compensation (compensation) provided by the State, in the event that the person in charge of providing restitution is unable to provide full compensation to 2016:83). victims and other compensation costs that have or must be incurred by the victim as a result of the damage (harm) he or she has suffered (Komnas HAM, Meanwhile, the Indigenous Peoples Bill deananizes that rehabilitation is an effort aimed at victims to recover from disturbances to cool, mental, and social conditions in order to be able to carry out their roles again in a reasonable manner, both as individuals, family members, and
Community. The forms of restitution and rehabilitation are in the form of apologies, memorials, restoration of good name, counseling and assistance for victims, restoration and restoration of living space, medical treatment, compensation for loss and damage of limbs, compensation for important indigenous sites that are commensurate with their damage, promise of non-recurrence, granting access to ritual places or sites that have been eliminated/destroyed, and/or revitalization of culture and traditions (Article 24 paragraph (2), RUU MA).
F. Closing
Recovery, restitution and rehabilitation are one unit in the arrangement in the Coalition version of the Indigenous Peoples Bill. Restoration is an act of humanizing humans by the state towards its citizens. Then restitution is compensation given to the victim or his family by the perpetrator or a third party. Furthermore, rehabilitation is an effort aimed at the victim to recover from disturbances to cool, mental, and social conditions so that they can carry out their role again reasonably, both as individuals, family members, and communities. Indigenous Peoples are a very special subject of law, because it is mentioned directly in Article 18B paragraph (2) of the 1945 Constitution.
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.
