Beyond Environmental Crisis: Safeguarding Indigenous Territories from Systemic Threats

¹ Faculty of Law, State University of Surabaya, Surabaya, Indonesia
² Faculty of Law, Southwest University of Political Science and Law, Chongqing, China

^* Corresponding author: febriankusuma@unesa.ac.id

Abstract

Natural resources exploitation often alters the natural function and form of existing ecosystems. Legal issues arise when ecosystem damage in customary territories not only creates environmental problems but also threatens the very identity of indigenous communities in Indonesia. Recognition of indigenous communities still relies heavily on physical control of their customary territories. Meanwhile, economic activities carried out by third parties are beginning to force indigenous communities out of the ecosystems that serve as their livelihoods. The research was conducted using normative juridical methods supported by legislative and conceptual approaches. Normative interpretation will be used to examine how the system of recognition for indigenous communities in Indonesia is constructed and how this concept has the potential to threaten their existence amidst the current ecological crisis. The research results indicate that one of the requirements for recognition as an indigenous community is to demonstrate that they have inhabited a defined customary territory for generations. The model for proving territoriality as a requirement for identity that will be implemented certainly needs to be reviewed to avoid threatening the existence of indigenous communities in the future. This research is important to ensure that the ratification of the Indigenous Peoples Bill is truly capable of supporting the protection of the constitutional rights of indigenous peoples in Indonesia.