Examining the Position and Recognition of Indigenous Peoples and Their Rights in the KSDAHE Bill

On December 7, 2022, the Bill on Conservation of Biological Natural Resources and Their Ecosystems (KSDAHE Bill) was officially designated as one of the priority bills in the national legislative program (prolegnas) of the DPR for 2023. The KSDAHE Bill proposed by the DPR RI is projected to replace Law Number 5 of 1990 concerning the Conservation of Biological Natural Resources and Their Ecosystems. There are 4 (four) crucial issues that form the argument for changing the KSDAHE Bill, namely: first, the division of authority in the administration of conservation of Biological Natural Resources and Their Ecosystems; second, community participation including indigenous peoples around conservation areas; third, funding in the administration of KSDAHE; and fourth, the imposition of criminal sanctions and strengthening the authority of Civil Servant Investigators (PPNS). However, the KSDAHE Bill still contains provisions regarding the conditional recognition of the existence of indigenous peoples who must first be recognized by Regional Regulations (Perda) to obtain protection in conservation areas, which will complicate indigenous peoples in enjoying their constitutional rights, and the rights of indigenous peoples to fully and effectively participate in the administration of conservation of biological natural resources and their ecosystems have not yet been accommodated in the KSDAHE Bill.