Indigenous Community Bill

The Two Worlds of indigenous communities: Balancing Ancestral Rights Against the Onslaught of National Development

In Indonesia today, indigenous communities, or Masyarakat Adat, are simultaneously facing existential threats from large-scale development projects and experiencing breakthroughs in legal and economic recognition. This blog post explores the critical junction where tradition meets modern policy, drawing on reports from across the archipelago in 2025.

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The Unjust Cost of Progress: A Crisis of Land and Life

The loudest and most urgent narratives emerging from the regions revolve around massive conflicts where customary lands are being prioritized for national economic goals, often leading to profound suffering and environmental catastrophe.

The PSN Paradox: Land Grabs in the Name of Food and Energy

The implementation of National Strategic Projects (PSN) has catalyzed widespread displacement and human rights violations.

In Merauke, South Papua, the Food Estate project, spanning over 2 million hectares and continued by President Prabowo Subianto, has been devastating. Indigenous representatives gathered in March 2025, declaring: "PSN Bunuh Rakyat (PSN Kills the People)". This large-scale land clearing not only threatens the preservation of Papua's forests but also forcibly removes communities like the Malind Anim from their ancestral lands. The community has even taken the extraordinary step of appealing directly to the UN Special Rapporteur to visit Papua to witness the destruction and human rights violations firsthand.

Similarly, the IKN Nusantara project in East Kalimantan is fraught with controversy. A member of the Dayak tribe filed a judicial review with the Constitutional Court (MK) against the IKN Law, challenging the granting of Hak Guna Usaha (HGU) land rights for up to 95 years. The petitioner expressed fear and anxiety that these long-term land rights prioritize investors and risk adding to the long history of agrarian conflict, thereby marginalizing Indigenous communities.

Extractive Industries and Ecological Genocide

The pursuit of minerals and plantations continues to clash violently with local customary law and ecological balance across Indonesia:

• Raja Ampat Nickel Mining: Religious leaders and Indigenous communities have demanded the revocation of all mining permits (IUP) on small islands, asserting that mining violates Law No. 27 of 2007 concerning coastal zones. This cry comes despite the government revoking four IUPs in Raja Ampat in June 2025. Reports indicate severe ecological damage, including dangerous levels of heavy metals (mercury and arsenic) found in fish and the blood of residents near Teluk Weda, Maluku. The exploitation of Raja Ampat—an area housing 75% of global coral species—has been denounced as violence against nature and the local community. Furthermore, the Dewan Adat Papua (DAP) rejected a suggestion by the Minister of ESDM to resolve the nickel mining case through customary law, emphasizing that environmental crimes are criminal matters, not just adat issues.

• Maluku’s Sacred Sites: In Maluku, the Negeri Haya community protested against PT Waragonda Minerals Pratama for allegedly destroying their sasi adat (customary prohibitions). Elsewhere in Maluku, students demonstrated against PD Panca Karya and PT Wahana Adi Prima Mandiri, accusing them of destroying sacred sites and ancestral graves in Buru Selatan.

• Sumatera Land Disputes: In Tapanuli Utara, the long-standing conflict between the Ompu Ronggur Simanjuntak community and PT Toba Pulp Lestari (TPL) continues, with the community demanding the return of their ancestral land. This situation is so acute that the International Labour Organization (ILO) has issued multiple recommendations since 2022 urging the Indonesian government to take proactive steps to ensure Indigenous communities have secure access to their land.

Pathways to Empowerment: Recognition and Resilience

Despite the conflicts, concerted efforts by local governments, specialized ministries, and civil society show tangible progress in formalizing Indigenous rights and fostering local economic resilience.

Legal and Policy Momentum

There is renewed push, both nationally and regionally, to secure the rights of Masyarakat Adat (MHA):

• RUU Masyarakat Adat: The Draft Law on Indigenous Peoples (RUU MHA), delayed since 2010, remains a priority. The Minister of Human Rights (HAM), Natalius Pigai, is pushing for its acceleration, and the PKB faction in the DPR RI has placed it on its priority legislative agenda to combat marginalization and agrarian conflicts. However, the Legislative Body (Baleg) of the DPR noted that a new academic draft may be necessary to reflect recent political changes and the existence of new ministries.

• Regional Recognition & Hutan Adat: Local governments are acting where national law lags. The Hulu Sungai Selatan (HSS) Regency in Kalimantan Selatan formally recognized four MHA groups in Loksado with a Bupati Decree (SK). Kutai Kartanegara (Kukar) is finalizing the establishment of the Kutai Adat Lawas community as MHA, nearing the official decree from the head of the region. The Minister of Forestry (Menhut) Raja Juli Antoni has made accelerating the formal designation of Customary Forests (Hutan Adat) a key priority. In Sorong Selatan, communities from the Konda District are actively preparing social forestry documents (RKPS and RKT) as a concrete step towards receiving official recognition of their customary forests.

Cultivating Cultural Economy and Education

Indigenous communities are leveraging their unique local wisdom for sustainable economic growth and cultural defense:

• Sagu for Food Security: The UN Food and Agriculture Organization (FAO) collaborated with Analis Papua Strategi (APS) to train 30 people in Papua to process sago into diverse products (flour, cakes, noodles), enhancing the economic welfare and food diversification for the Indigenous Yoboi community in Jayapura. Sago is considered a sacred staple food for many Indigenous groups.

• Ecotourism and Conservation: Indigenous groups are leading conservation efforts tied to local economic benefits. In Sorong Selatan, three communities developed ecotourism, capitalizing on their highly biodiverse area (416 plant species, 372 vertebrates). Herkolanus, an Indigenous figure in Kutai Barat, won the Kalpataru award (2025) for preserving his 48.5-hectare customary forest, which is now being developed as an ecotourism and educational site.

• Education and Identity: To ensure cultural identity persists, the first Sekolah Adat (Customary School) was officially opened in Jayawijaya, Papua Pegunungan, aimed at teaching the younger generation their traditional language (Dani) and ancestral values. This initiative is supported by the Majelis Rakyat Papua Pegunungan (MRPP) and relies on the allocation of Special Autonomy (Otsus) funds.