Ancestral Lands Lost in the Name of Development

Legal Literacy - In various regions of Eastern Indonesia, indigenous communities face a bitter reality: land inherited for hundreds of years is now being seized for National Strategic Projects (PSN). Forests, fields, and rivers that have been sources of life are transformed into industrial areas, plantations, or mines. This process often takes place without the legitimate consent of indigenous communities, even with intimidation from state apparatus.

Ironically, the government argues that PSN is carried out in the national interest, as if the sacrifice of indigenous peoples is a reasonable price for development. In fact, for indigenous peoples, land is not just an economic asset. Land is identity, history, and survival. When that land is lost, what is lost is not only the source of livelihood, but also an invaluable cultural heritage.

The Indonesian Constitution firmly recognizes the existence of indigenous peoples. Article 18B paragraph (2) of the 1945 Constitution states that “The state recognizes and respects customary law communities and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia.” In addition, Article 28I paragraph (3) of the 1945 Constitutionmentions that “The cultural identity and rights of traditional communities are respected in accordance with the times and civilization.”

This recognition is reinforced by Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA). Article 3 of the UUPA states that “Bearing in mind the provisions in Articles 1 and 2, the implementation of the right of ownership and similar rights of customary law communities, as long as they still exist in reality, must be such that they are in accordance with the national and state interests based on national unity.”

Constitutional Court Decision Number 35/PUU-X/2012 asserts that customary forests are no longer state forests, but rather the rights of indigenous peoples. Law Number 39 of 1999 concerning Human Rights, in particular Article 6 paragraph (1), states that “In the context of enforcing human rights, the differences and needs of indigenous peoples must be considered and protected by law, society, and the government.”

Based on this legal basis, it is clear that the state has a constitutional obligation to protect the rights of indigenous peoples, including their customary rights. However, the practice of PSN actually shows the weak implementation of the law and the tendency of the state to side with the interests of capital.