Indonesian Indigenous Rights
Indonesian Native Struggle For Customary Rights
There are considerable barriers to Indonesian indigenous rights. But are these blocks natural, or merely paternalism in disguise?
Indonesia's population is massive, comprising such an enormous range of diverse peoples and former nations that any kind of united action against the centralised state system is almost impossible. So ironically, indigenous unification is the only sure way to protect indigenous diversity.
"Adat" is a unifying principle common to most indigenous communities in Indonesia, making common links across indigenous law for most native groups. But customary laws are criticised as being outdated, due to their falling into disuse during Dutch rule. There are considerable outsider challenges to these customs in terms of, for example, international human rights standards and women's rights.
Concerns are expressed that local indigenous governments may actually create regional elites more oppressive than those in central government.
It's a catch 22 - customary law needs to develop through use to once again match its environment, but as it stands it may be inadequate for use in today's world, and so cannot be implemented to facilitate this reinvigoration.
But this kind of thinking is a cause for concern. It is always cause for alarm when governments and non-indigenous agencies start talking about denying aboriginal rights in order to "protect" native peoples from themselves. So, in the field of Aboriginal Rights, where does paternalism end and social justice begin? This is a complicated issue, and things are no longer as simple as "black and white".
Hak ulayat is the term for native title in Indonesia. The second amendment to Indonesia's Constitution (Article 18B, section 2) states that: "The state acknowledges and respects customary law communities together with their traditional rights as long as they still exist and are in accordance with the development of the people and the principles of the Unitary State of the Republic of Indonesia as regulated under legislation."
In 2006, the Indonesian president stated that, "indigenous peoples (masyarakat hukum adat) are often in a weak position in the defence of their customary rights, surrounded by the power of capital which exploits land and natural resources." But he also cautioned that "All must be directed towards the interests of the nation and state as a whole." He acknowledged that, in the past, the concept of the unitary state had meant standardisation in almost all spheres, but that today the attitude was 'moderate and appropriate'.
However, he went on to say that, "We need to admit that in developing the nation and state, indigenous peoples have not played an optimal role so far. Moreover, their traditional rights have often been ignored, even violated and no longer respected. ... The government should, of course, take the side of the weak party, and try to find an appropriate and just solution, whilst still prioritising the interests of the nation and state, without having to sacrifice the interests of indigenous peoples in the regions."
