Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights
This paper aims to analyse the concept of indigenous peoples in Indonesia and examines whether the concept is appropriate with an international legal framework. Analysing the concept is essential to legitimising indigenous rights under the international law regime. The discourse on indigenous in Ind...
| Main Authors: | , , , , |
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| Format: | Article |
| Language: | English |
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Universitas Negeri Semarang
2023-11-01
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| Series: | JILS (Journal of Indonesian Legal Studies) |
| Subjects: | |
| Online Access: | https://journal.unnes.ac.id/sju/jils/article/view/68419 |
| _version_ | 1797245422586036224 |
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| author | Chairul Fahmi Azka Amalia Jihad Akihisa Matsuno Faisal Fauzan Peter-Tobias Stoll |
| author_facet | Chairul Fahmi Azka Amalia Jihad Akihisa Matsuno Faisal Fauzan Peter-Tobias Stoll |
| author_sort | Chairul Fahmi |
| collection | DOAJ |
| description | This paper aims to analyse the concept of indigenous peoples in Indonesia and examines whether the concept is appropriate with an international legal framework. Analysing the concept is essential to legitimising indigenous rights under the international law regime. The discourse on indigenous in Indonesia emerged after the government rejected an international treaty on indigenous rights and was reluctant to adopt the UNDRIP into their national law. The government opposes this by arguing that the concept of indigenous peoples under the international legal framework is inappropriate for the Indonesian context. Consequently, indigenous peoples in Indonesia do not benefit from international norms that have recognised and protected their rights globally. This paper found that the concept of indigenous peoples in Indonesia has similarities and is appropriate to the international instrument (ILO169 and UNDRIP). Thus, ratifying the ILO treaty or adopting the UNDRIP into national law will benefit the indigenous in protecting their fundamental rights, including their collective rights to traditional lands under international norms. |
| first_indexed | 2024-04-24T19:26:39Z |
| format | Article |
| id | doaj.art-8665cd75767b49239eafb6c65457b592 |
| institution | Directory Open Access Journal |
| issn | 2548-1584 2548-1592 |
| language | English |
| last_indexed | 2024-04-24T19:26:39Z |
| publishDate | 2023-11-01 |
| publisher | Universitas Negeri Semarang |
| record_format | Article |
| series | JILS (Journal of Indonesian Legal Studies) |
| spelling | doaj.art-8665cd75767b49239eafb6c65457b5922024-03-25T14:47:33ZengUniversitas Negeri SemarangJILS (Journal of Indonesian Legal Studies)2548-15842548-15922023-11-01821019106410.15294/jils.v8i2.6841968419Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s RightsChairul Fahmi0Azka Amalia Jihad1Akihisa Matsuno2Faisal Fauzan3Peter-Tobias Stoll4Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda AcehFaculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda AcehOsaka School of International Public Policy, University of OsakaSydney School of Graduate Research, Central Queensland UniversityFaculty of Law, Georg-August Universität GöttingenThis paper aims to analyse the concept of indigenous peoples in Indonesia and examines whether the concept is appropriate with an international legal framework. Analysing the concept is essential to legitimising indigenous rights under the international law regime. The discourse on indigenous in Indonesia emerged after the government rejected an international treaty on indigenous rights and was reluctant to adopt the UNDRIP into their national law. The government opposes this by arguing that the concept of indigenous peoples under the international legal framework is inappropriate for the Indonesian context. Consequently, indigenous peoples in Indonesia do not benefit from international norms that have recognised and protected their rights globally. This paper found that the concept of indigenous peoples in Indonesia has similarities and is appropriate to the international instrument (ILO169 and UNDRIP). Thus, ratifying the ILO treaty or adopting the UNDRIP into national law will benefit the indigenous in protecting their fundamental rights, including their collective rights to traditional lands under international norms.https://journal.unnes.ac.id/sju/jils/article/view/68419indigenousindonesiainternationalterminologyrights |
| spellingShingle | Chairul Fahmi Azka Amalia Jihad Akihisa Matsuno Faisal Fauzan Peter-Tobias Stoll Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights JILS (Journal of Indonesian Legal Studies) indigenous indonesia international terminology rights |
| title | Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights |
| title_full | Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights |
| title_fullStr | Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights |
| title_full_unstemmed | Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights |
| title_short | Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights |
| title_sort | defining indigenous in indonesia and its applicability to the international legal framework on indigenous people s rights |
| topic | indigenous indonesia international terminology rights |
| url | https://journal.unnes.ac.id/sju/jils/article/view/68419 |
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