Pigai outlines the main points of the Indigenous Peoples Bill

First is recognition, because Indigenous peoples have long needed recognition.

Bandung, May 21 — Minister of Law and Human Rights Natalius Pigai said that the Indigenous Peoples Bill would include legal recognition, protection, preservation, and the establishment of the National Commission on Indigenous Peoples to resolve conflicts.

Pigai, in Bandung on Wednesday, said the main points of the Indigenous Peoples Bill are the state’s recognition of the existence of indigenous communities, which he said has not yet been fully accommodated in the national legal system.

‘The first is recognition, because Indigenous peoples have long needed recognition,’ he said.

He explained that such recognition is important because the classification of customary law has historically been influenced by colonial perspectives and Western academic thinking.

‘Since the Dutch era it has not been recognised; what existed was Van Vollenhoven (a Dutch professor and anthropologist nicknamed the Father of Customary Law) who arbitrarily divided 19 customary laws,’ he said.

‘Customary law in Indonesia numbers in the hundreds, perhaps 500 or more. Therefore the existence of Indigenous communities must be recognised,’ he added.

In addition to recognition, the bill would regulate protection and preservation of Indigenous communities, which would be the responsibility of the state.

‘After recognition, protection comes first, then preservation. That is the government’s responsibility,’ Pigai said.

The bill also includes a proposal to establish the National Commission on Indigenous Peoples to handle disputes and conflicts involving indigenous communities.

‘We also propose the National Commission on Indigenous Peoples to handle processes and issues of disputes and conflicts,’ he added.

‘So there is protection by the state, but also a justice system through the National Commission on Indigenous Peoples,’ he said.

He added that the draft Indigenous Peoples Bill was prepared with input from indigenous communities and had been submitted to the DPR’s Legislative Body around two months ago.