Developing a Natural Resource Management System as an Effort to Strengthen Legal Protection for Indigenous Communities

Abstract

Indonesia, as an archipelago with thousands of ethnic groups and diverse customs, is known for its wealth and cultural diversity, as well as its abundant natural resource potential. On the other hand, the situation for Indigenous Communities is increasingly difficult and marginalized amidst the onslaught of the Extractive Industry in Indonesia. The territories of Indigenous Communities often become targets for land grabbing by the state and corporations, supported by business licenses, particularly for natural resource management. Large-scale land-based infrastructure development projects further exacerbate this situation. Indigenous Communities often do not receive adequate legal protection, and their traditional rights have begun to be neglected. Indigenous Communities have been recognized in various laws and regulations, including the 1945 Constitution of the Republic of Indonesia, which mandates the protection of Indigenous Communities and their traditional rights through specific legislation. This research aims to identify the implementation of the recognition of customary rights as the rights of Indigenous Communities, and the government is expected to build a monitoring system that will provide legal protection for Indigenous Communities in the context of natural resource management permits in Indonesia. To achieve this goal, the author of this article used a qualitative research method with a descriptive qualitative research specification. The data collection techniques were carried out through observation as well as a review of relevant laws, regulations, and legal documents.