Law Development Journal
Vol 6, No 4 (2024): December 2024

Unheard Voices: Analyzing Non-Compliance with the FPIC Principle in Protecting Indigenous Peoples’ Rights in Indonesia

Remal Agungta Ketaren, Saher (Unknown)
Prawira, M. Rizki Yudha (Unknown)



Article Info

Publish Date
04 Dec 2024

Abstract

This study aims to investigate the implementation of the Free, Prior, Informed, and Consent (FPIC) principle as a measure to protect the rights of indigenous communities in Indonesia, by analyzing Decision No. 6/G/LH/2023/PTUN.JPR. In Indonesia, indigenous communities still seem to be overlooked, as their right to make decisions about projects within their traditional territories remains unacknowledged. This situation calls for urgent discussion, as violations of indigenous rights continue to occur, despite such rights are protected by the Constitution of the Republic of Indonesia. This research employs a normative legal approach. The findings, derived from Decision No. 6/G/LH/2023/PTUN.JPR, indicate that the Defendant proceeded to issue the disputed object without facilitating any discussion among the government, company, and the indigenous community. Furthermore, the Second Intervening Defendant failed to include the Plaintiff in the Environmental Impact Assessment (Amdal) process. Additionally, the panel of judges issued a decision that did not adhere to the Guidelines for Adjudicating Environmental Cases. These actions collectively contravene the principle of Free, Prior, and Informed Consent (FPIC), which is mandated by both international and national legal frameworks, underscoring the importance of obtaining consent and ensuring participation from indigenous communities.

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Journal Info

Abbrev

ldj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...