Comparison Of Regulations On The Protection Of Indigenous People (indigenous People) Between Indonesia And Malaysia In The Review Of The United Nations Declaration On The Rights Of Indigenous Peoples (UNTRIP)
Comparison of Regulations on the Protection of Indigenous Peoples' Rights between Indonesia and Malaysia in the Review of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Introduction
The protection of indigenous peoples' rights is a pressing issue worldwide, with indigenous communities facing numerous challenges in terms of recognition and protection of their rights. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) plays a vital role as an international document governing various indigenous community rights. This article aims to discuss the comparison of the regulation of the protection of indigenous peoples' rights between Indonesia and Malaysia, as well as examining how far the national regulations of the two countries are in line with the provisions of the UNDRIP.
The Importance of UNDRIP
The UNDRIP regulates various rights that must be possessed by indigenous peoples, including rights to land, culture, education, and the right to participate in decision making that affect their lives. The Declaration is a significant step towards recognizing the rights of indigenous peoples and promoting their well-being. By examining the regulations of Indonesia and Malaysia, we can gain a deeper understanding of the challenges and opportunities in protecting indigenous peoples' rights in these countries.
Regulation in Indonesia
In Indonesia, the rights of indigenous peoples are recognized in several laws and mandates of the constitution. However, until now, there is no specific law that directly regulates the rights of indigenous peoples. Recognition of these rights can be found in the 1945 Constitution and several laws such as Law No. 41 of 1999 concerning Forestry, which recognizes the rights of customary law communities to manage and utilize natural resources in their territory. However, the challenges faced are often overlapping the interests between the development and protection of the rights of indigenous peoples, which can result in violations of their rights.
The Indonesian government has taken steps to recognize the rights of indigenous peoples, such as the establishment of the National Commission on Human Rights (Komnas HAM) and the creation of the Ministry of Environment and Forestry. However, these efforts are often hindered by the lack of a clear and comprehensive law that regulates the rights of indigenous peoples. As a result, indigenous communities in Indonesia often face challenges in terms of land rights, natural resource management, and cultural preservation.
Regulation in Malaysia
On the other hand, Malaysia has a clearer legal framework in the protection of the rights of indigenous peoples. The 1954 native law and various other policies regulate specifically about the rights of indigenous people, including land rights and natural resource management. The Malaysian government has also established the National Commission on Indigenous Peoples (NCIP) to promote the rights and well-being of indigenous communities.
However, indigenous peoples in Malaysia still often face challenges in the implementation of their rights, especially related to land rights that are often threatened by industrial and development activities. The Malaysian government has been criticized for its handling of indigenous land rights, with many indigenous communities facing displacement and marginalization.
Comparative Analysis
When analyzing regulations in these two countries, there are similarities in the recognition of the rights of indigenous peoples, but with differences in the mechanism of protection and implementation. Indonesia tends to rely on more general legal principles, while Malaysia has set more specific laws for indigenous peoples. This shows the difference in the legislative approach that is influenced by the history of law and the socio-cultural context of each country.
Conclusion
In conclusion, although there are positive efforts in the protection of the rights of indigenous peoples in both countries, there is still much that needs to be done to ensure that these rights are respected and protected effectively. Strengthening cooperation between Indonesia and Malaysia in adopting and implementing the principles of UNDRIP can be a strategic step to improve the protection of the rights of indigenous peoples in this region. Through the exchange of the best knowledge and practice, the two countries can strengthen their commitment to the protection of indigenous peoples who are more sustainable and fair.
Recommendations
Based on the analysis of the regulations in Indonesia and Malaysia, the following recommendations can be made:
- Strengthening cooperation between Indonesia and Malaysia: The two countries should strengthen their cooperation in adopting and implementing the principles of UNDRIP, with a focus on promoting the rights and well-being of indigenous peoples.
- Establishing a clear and comprehensive law: Indonesia should establish a clear and comprehensive law that regulates the rights of indigenous peoples, while Malaysia should continue to strengthen its legal framework in this area.
- Promoting indigenous participation: Both countries should promote the participation of indigenous peoples in decision-making processes that affect their lives, including land rights, natural resource management, and cultural preservation.
- Addressing the challenges of implementation: Both countries should address the challenges of implementation, including the lack of capacity and resources, and the need for greater awareness and understanding of indigenous rights.
By implementing these recommendations, Indonesia and Malaysia can take a significant step towards protecting the rights of indigenous peoples and promoting their well-being.
Frequently Asked Questions (FAQs) on the Comparison of Regulations on the Protection of Indigenous Peoples' Rights between Indonesia and Malaysia
Q: What is the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)?
A: The UNDRIP is an international document that governs various indigenous community rights, including rights to land, culture, education, and the right to participate in decision making that affect their lives.
Q: What are the main differences in the regulation of indigenous peoples' rights between Indonesia and Malaysia?
A: Indonesia tends to rely on more general legal principles, while Malaysia has set more specific laws for indigenous peoples. This shows the difference in the legislative approach that is influenced by the history of law and the socio-cultural context of each country.
Q: What are the challenges faced by indigenous peoples in Indonesia?
A: Indigenous peoples in Indonesia often face challenges in terms of land rights, natural resource management, and cultural preservation. The lack of a clear and comprehensive law that regulates the rights of indigenous peoples is a major obstacle.
Q: What are the challenges faced by indigenous peoples in Malaysia?
A: Indigenous peoples in Malaysia still often face challenges in the implementation of their rights, especially related to land rights that are often threatened by industrial and development activities.
Q: What is the role of the National Commission on Human Rights (Komnas HAM) in Indonesia?
A: The Komnas HAM is a national institution that promotes and protects human rights in Indonesia, including the rights of indigenous peoples.
Q: What is the role of the National Commission on Indigenous Peoples (NCIP) in Malaysia?
A: The NCIP is a national institution that promotes and protects the rights and well-being of indigenous peoples in Malaysia.
Q: What are the recommendations for improving the protection of indigenous peoples' rights in Indonesia and Malaysia?
A: The recommendations include strengthening cooperation between Indonesia and Malaysia in adopting and implementing the principles of UNDRIP, establishing a clear and comprehensive law that regulates the rights of indigenous peoples, promoting indigenous participation in decision-making processes, and addressing the challenges of implementation.
Q: What is the significance of the comparison of regulations on the protection of indigenous peoples' rights between Indonesia and Malaysia?
A: The comparison highlights the differences and similarities in the regulation of indigenous peoples' rights between the two countries, and provides insights into the challenges and opportunities in protecting indigenous peoples' rights in this region.
Q: What are the implications of the comparison for the protection of indigenous peoples' rights in Indonesia and Malaysia?
A: The comparison has implications for the protection of indigenous peoples' rights in Indonesia and Malaysia, as it highlights the need for greater cooperation and coordination between the two countries in adopting and implementing the principles of UNDRIP.
Q: What are the next steps for Indonesia and Malaysia in improving the protection of indigenous peoples' rights?
A: The next steps include strengthening cooperation between the two countries, establishing a clear and comprehensive law that regulates the rights of indigenous peoples, promoting indigenous participation in decision-making processes, and addressing the challenges of implementation.
Q: What is the role of civil society organizations in promoting the rights of indigenous peoples in Indonesia and Malaysia?
A: Civil society organizations play a crucial role in promoting the rights of indigenous peoples in Indonesia and Malaysia, by advocating for their rights, providing support and assistance, and raising awareness about their issues.
Q: What are the challenges faced by civil society organizations in promoting the rights of indigenous peoples in Indonesia and Malaysia?
A: Civil society organizations face challenges in promoting the rights of indigenous peoples in Indonesia and Malaysia, including limited resources, lack of access to information, and resistance from government and other stakeholders.