Indonesian Minority Justice Review
Vol. 1 No. 1 (2024): January, 2024

The Politics of Exclusion: Discrimination Against Indonesia’s Indigenous Peoples in the Legal System

Elias Javier Santiago (Universidad Nacional Autónoma de México)
Hafsa Azhari (Universitas Islam Negeri Sunan Gunung Djati Bandung)
Kai Andreas Nielsen (University of Oslo)



Article Info

Publish Date
31 Jan 2024

Abstract

This paper examines the legal and political dynamics that contribute to the systemic discrimination against Indonesia’s indigenous peoples. Despite constitutional guarantees of equality, indigenous communities in Indonesia face significant challenges in securing their rights to land, culture, and political representation. The research focuses on the impact of national development policies, land tenure laws, and environmental regulations on indigenous peoples, particularly in relation to land conflicts with state and corporate interests. By analyzing legal cases, government policies, and interviews with indigenous leaders and legal experts, the study highlights the ways in which legal frameworks often marginalize indigenous communities, prioritizing economic development over cultural preservation and land rights. The paper argues that Indonesia’s legal system, while formally committed to protecting indigenous rights, is often complicit in practices that perpetuate exclusion. It concludes with a call for comprehensive legal reform, including the recognition of indigenous peoples’ customary law and greater political representation, to address these structural inequities.

Copyrights © 2024






Journal Info

Abbrev

minority

Publisher

Subject

Description

Indonesian Minority Justice Review (e-ISSN: 3164-581X) is a peer-reviewed, open-access academic journal published by COLLEGIUM JUSTICIA INDONESIA in online format (electronic journal). First published in 2024, the journal is issued quarterly in January, April, July, and October. It provides an ...