The聽 state聽 has聽 recognized聽 the聽 rights聽 of聽聽 indigenous聽 peoples聽 to聽 natural resources in various laws and regulations. However, this is difficult to implement because the expression of聽 recognition in the 1945 Constitution is weak. There is also a strong desire to recognize and maintain the existence and rights of聽 indigenous peoples. Yet, the idea of聽 conditional recognition is difficult for indigenous peoples to fulfill. The state or government must play an active role in making it happen. This kind of聽 recognition does not have to be requested by indigenous聽 peoples,聽 but聽 the聽 state聽 or聽 government聽 must聽 be聽 involved聽 in聽 protecting聽 their聽 lives.聽
Efforts聽 to聽 realize聽 the聽 rights聽 of聽聽 indigenous聽 peoples to natural resources must adhere to fundamental principles. The form of聽 recognition of聽 indigenous peoples鈥 rights to natural resources聽 must聽 be聽 stated聽 in聽 separate聽 legal聽 regulations聽 that聽 guarantee聽 the existence, clarity of聽 territory and access to natural resources for the聽 customary聽 rights聽 of聽聽 indigenous聽 peoples.聽 Regional聽 regulations聽 provide 鈥渃onfirmation鈥 in the form of recognition. Confirmation is simply a type of declarative assertion; the absence of confirmation has nothing to do with the existence or rights of聽 indigenous peoples. The consistency of聽 regulations in the form of聽 universally applicable laws聽 and聽 regulations聽 is聽 considered聽 to聽 be聽 poor聽 because聽 they聽 are聽 not聽 always relevant in locations where indigenous peoples do not exist or have left.
Even in Indigenous-populated areas, the situation is changing. It is hoped that this solution can be implemented in Indonesian territory聽 so聽 that聽 the聽 right聽 solution聽 is聽 obtained聽 and聽 does聽 not聽 corner聽 indigenous communities who are often marginalized and disadvantaged in these disputes.
Author: Soelistyowati
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DOI: 10.22437/jlj.7.1.149-167
