Development as a Threat to Indigenous Peoples' Rights in Indonesia

Abstract

This paper examines the hypothesis that the developmental priorities of the Post-Suharto era, in particular three legislative acts that purport to protect indigenous peoples’ rights, in fact serve to undermine these rights. The acts under scrutiny are: the Basic Agrarian Act, the Forestry Act, and the Plantation Act. These acts relate to land use for development purposes and also affect the autonomy of indigenous peoples. Despite being crucially important, these acts have detrimental effects on indigenous peoples’ lives. This paper, using a qualitative socio-legal approach, analyses the historical and political contexts of the acts to determine whether they enhance or undermine indigenous peoples’ rights and how the government uses the acts for suppression. This analysis identifies reasons for the weak regime, notably that the legislative acts on land-related sectors are used as a political tool to suppress local communities while allowing the government’s land market businesses to exploit natural resources. Keywords: indigenous peoples’ rights, legislation, development, natural resources.