Indigenous Law Communities, Conservation, and Human Rights

Jakarta – "The existence of indigenous law communities and their rights over customary territories and forest resources need state protection," said Sandrayati Moniaga as Commissioner for Research and Study in a virtual Webinar organized by the Working Group ICCAS Indonesia (WGII), Thursday (25/06/2020).

In Article 18b paragraph 2 of the 1945 Constitution, it is stated that the state recognizes and respects every unit of indigenous law communities along with their customary rights. Furthermore, the bond (control) of indigenous law communities with their land and natural resources as one of the pillars of the identity of indigenous law communities is further strengthened in article 6 (2) of Law No. 39 of 1999 on Human Rights, which states; "The identity of indigenous law communities, including rights to customary land (rights over customary territories) is protected, in line with the times."

The discussion was also attended by the Director General of Conservation and Natural Resources and Ecosystems (KSDAE) of the Ministry of Environment and Forestry, Wiratno, Director General of Social Forestry and Environmental Partnership (PSKL), Bambang Supriyatno, Executive Director of HuMa, Dahniar Andriani, National Executive Director of the Indonesian Forum for the Environment (WALHI), Yaya Nurhayati, and five Indigenous Community Communities representing the voices of customs from various regions in Indonesia. This webinar raised the theme "The Voice of Indigenous Communities for Nature and Humanity."

According to Sandra, indigenous law communities are a library, as they contain information that forms the identity and protection of indigenous law communities, which needs to be legalized in Regional Regulations (Perda) and the draft law on indigenous law communities. This is done so that the library containing valuable information does not get lost in time and to provide legal certainty about the protection of the rights of indigenous law communities.

Agreeing with Sandra, Dahniar explained, in Article 67 of the Forestry Law (UUK) No.41 of 1999, in paragraph one, it is stated that as long as in reality indigenous law communities still exist and are recognized, they have the right to collect forest products to meet daily needs, and manage forests based on applicable customary law and not contrary to the law. The establishment of these indigenous law communities is strengthened by Regional Regulations.

Bambang said, the Ministry of Environment and Forestry (KLHK) has been making efforts every year to communicate with local governments to establish Regional Regulations (Perda) related to indigenous law communities. Another effort made by KLHK is the establishment of customary forests, where as of May 2020, KLHK has established 66 (sixty-six) units of customary forests with a total area of approximately ± 44,630 hectares, benefiting approximately ± 36,519 households (KK).

Furthermore, KLHK will cooperate with the Ministry of Home Affairs of the Republic of Indonesia (Kemendagri) to accelerate the establishment of Regional Regulations for indigenous law communities in Indonesia.

Wiratno revealed that from indigenous communities we learn about respecting and preserving nature, so as not to cause damage that triggers natural disasters, zoonoses (diseases transmitted by animals) such as the Covid-19 case suspected to originate from animals, and the direct utilization of natural resources.

Indigenous law communities or Indigenous Community Conservation Areas (KKMA) are national treasures but not inanimate objects because there are humans within them. The state needs to protect, respect, and fulfill the rights of the people who have managed them. Indigenous law communities have contributed to passing on information from generation to generation, thus building a civilization. "Therefore, let's take strategic and immediate steps to protect KKMA," said Sandra. (Feri/LY/RPS)

source: https://www.komnasham.go.id/index.php/news/2020/6/25/1455/masyarakat-hukum-adat-konservasi-dan-hak-asasi-manusia.html