Internalization Free, Prior, and Informed Consent as Indigenous Alienation Resistance in Structural Agrarian Conflict

Abstract

The Indonesian Constitution explicitly mentions recognition of the unity of customary law communities, specifically in Article 18B paragraph (2) and Article 28I paragraph (2), so it should be. Meanwhile, data from the Agrarian Reform Consortium (KPA) states that from 2005 to 2022 there were 4,009 structural agrarian conflicts covering 11.4 million hectares of land and affecting 2.4 million people. This has the potential to result in the alienation of indigenous communities from their traditional territories, where based on Law Number 21 of 1999 this action is a form of discrimination against traditional jobs of indigenous peoples. This article analyzes the influence of government policies in the field of agrarian law on the territorial rights of indigenous peoples and the implementation of the principles of Free, Prior, and Informed Consent in Indonesia. This research uses the normative legal research method, the statute approach method. The author concludes that the protection of land rights of customary law communities has not been realized optimally so it is felt necessary to formulate several regulations that have the spirit of Article 18B paragraph (2) of UUD NRI 1945 using the principles of Free, Prior and Informed Consent. How to cite item: Budiono, Indro, Anindya Yustika, Mevlana El Rumi Abimanyu and Raditya Nur Syabani. “Internalization Free, Prior, and Informed Consent as Indigenous Alienation Resistance in Structural Agrarian Conflict.” Jurnal Cakrawala Hukum 14 no. 3 (2023): 279-290. DOI: 10.26905/idjch.v13i3.11486.

Keywords

• agrarian law
• indigenous community, structural agrarian conflict
• customary law.