Questioning the Policy Direction of the Draft Law on Indigenous Peoples without Conflict-Based Customary Rules in Indonesia

Abstract

Adat laws without customary rules result in the social uneasiness of indigenous peoples and even tend to ignore their existence and the communal spatial planning regulated in the constitution, which is threatened with forms of criminalization. The purpose of this study is to explain why the government's seriousness about the tug-of-war over the passage of the Indigenous Peoples Bill caused social unease in the community. This research was conducted with a conceptual approach, a statute approach, a philosophical approach, and a literature review with descriptive analysis by considering the principles of special treatment in the UUPA. The results showed that the emergence of conflicts and discriminatory actions against indigenous peoples took the form of: (1) the anxiety of indigenous peoples in the face of prolonged conflicts; (2) the government's response has been slow in dealing with conflicts and its disregard for people's rights; and (3) the government's handling of certain cases has not been maximized without the equalization of the provisions in the Bylaws and the support of the ministry of home affairs. This research concludes that the government's lack of seriousness in providing legal protection to indigenous peoples has aggravated relations between indigenous groups and corporations, thereby increasing the potential for conflict and discriminatory actions in the territories of indigenous peoples. The need for a clear legal foundation in the passage of the bill to regulate space as a common space, so that people's anxiety about conflicts can be avoided