Recognizing Adat Community Rights to Promoting Democratic, Just and Sustainable Natural Resources Management: Indonesia through the Lens of Philippine Experiences

Abstract

"This essay will start by giving brief background about the ongoing debate on the definition of indigenous people in Indonesia by comparing the definition proposed by non-government organizations and the official definition of the government. Then, the authors will discuss the ambiguity of the Indonesian Constitution in regard to the right of indigenous people over natural resources. This essay will further evaluate the consistency of the existing legislations related to natural resources; the 1960 Agrarian Law and the 1999 Forestry Act, and discuss how the ambiguity and inconsistency of the existing legislation affect the legal recognition of indigenous people over natural resources in Indonesia. This will be followed by a brief summary of the development of, and continuous struggle for, the recognition of indigenous people's rights in the Philippines. Finally, the paper will attempt to compare the struggles in both Indonesia and the Philippines and draw out insights and models from the Philippine experience that might contribute to the legal recognition of community-based property rights in Indonesia."