Recognition and protection of indigenous people today are still sluggish. It could even be said, the fate of indigenous people has not improved, quite the opposite, getting worse. Some say, the better in the constitution, the worse at the implementation level.
Still, there are still many things we can do to begin to gradually resolve the issue. Both are from the government or the state as policy makers, as well as from grassroots movements through applicable thinking.
According to Chief Justice of the Constitutional Court Achmad Sodiki, what can be done by the state may be things that are substantive and procedural. Substantive, which requires the state to avoid and prevent the issuance of decisions and actions that lead to the inevitable destruction of natural resources, primarily for the benefit of future generations.
"Second, make regulations on any activity that could damage natural resources. In other words government, legislative, and judicial branches should introduce regulations that could prevent the occurrence of natural resources," said Sodiki in his paper.
Thus it was revealed by Sodiki in Indigenous Symposium with the theme "Questioning the existence of Indigenous People as the Subject of Law" on Wednesday (27/6) at 678 Guest House, Kemang Raya, South Jakarta. Sodiki presents a paper entitled "The constitutionality of the Indigenous People in the Constitution".
In addition, he suggested, should in the future, formed a special commission (or a kind of archipelago of Indigenous Peoples Association) is the representation of indigenous people who can make demands on the cancellation provisions of law as well as activities that endanger the natural resources.
"This special commission to serve and be a watchdog that speaks of indigenous people at once can be a power law before the Constitutional Court. Court rulings that favor the existence of indigenous people can be a tool of social engineering (social change)," said Sodiki.
In addition, the legislature can play a more active to make changes to the legal provisions that threaten natural resources. At the very least, the legislature can define in the legislation to ensure the formulation of more detailed, accurate, fair and definitely on the recognition and respect for indigenous people.
"The way to synergize the various aspects of the statutory provisions, judicial decisions, the activity of non-governmental organizations as well as the orientation of the laws that were strictly guarded in order not to remove legal provisions that harm indigenous people, it guarantees the protection of the law will soon become a reality," he concluded .
On that occasion, Sodiki acts as a resource person together with Saldi Isra. Also present as a facilitator Soetandyo Wigjosoebroto and Jaja Ahmad Jayus, as well as the observer of indigenous peoples. (Dodi / mh/Yazid.tr)
Thursday, June 28, 2012 | 08:10 WIB 182