Customary Law Community Law Provisions to Protect Ecosystems and Realize Food Sovereignty

JAKARTA, KOMPAS – The Draft Law (RUU) on Indigenous Law Communities is urgently needed to be passed. The enactment of this regulation, which has been stalled for 15 years, is not only important as a recognition of indigenous communities but also as a foundation to protect ecosystems and achieve food sovereignty.

Indigenous communities possess values and practices that align with sustainable natural resource management. This asset can serve as a key in protecting ecology and supporting local food sovereignty. However, this must be accompanied by strengthening the protection of the rights of indigenous communities.

Unfortunately, the protection of indigenous community rights in Indonesia remains weak. The confiscation of customary land occurs in many places. Many have been criminalized while fighting to defend their ancestral lands.

This year, the Draft Law on Indigenous Peoples has once again been included in the 2025 Priority National Legislation Program (Prolegnas). Several parties are urging the enactment of this draft law as a form of commitment to protecting the rights of indigenous communities.

Agustin Teras Narang, a member of the Regional Representative Council (DPD) of the Republic of Indonesia, stated that the Draft Law on Indigenous Legal Communities is urgently needed to protect indigenous communities. This year is expected to serve as a momentum to pass the draft regulation, which has repeatedly been included in the National Legislation Program (Prolegnas).

"This bill is not merely recognition, but a golden bridge in empowering, respecting, and preserving the existence of indigenous communities," he stated during the public discussion "Values and Practices of Customary Law for Ecosystem Preservation and Food Sovereignty" organized by Indonesia Ocean Justice Initiative (IOJI) in Jakarta, Monday (17/3/2025).

According to Teras Narang, the Customary Law Community Law is a necessity for indigenous communities to maintain their sustainability. However, this law does not only have a positive impact on indigenous communities, but also on society as a whole.

Indigenous peoples live by values and practices that are in line with environmental conservation. These values and practices need to be adopted in various policies so that they can minimize the potential for environmental damage.

Teras Narang exemplifies the handel system applied by the Dayak indigenous people in Central Kalimantan in managing land. Land clearing is traditionally done by burning, but with a limited area.

The burning was not done haphazardly. The community made a canal barrier around the burned land. That way, the fire did not spread to the land next to it.

"This is local wisdom that may have been eroded. The practices of indigenous people should be well maintained. Currently, most people after burning, then run away," he said.

Teras Narang, who is the Head of the Customary Law Community Bill Working Team, added that his party is currently conducting a SWOT (strengths, weaknesses, opportunities, threats) analysis of the draft regulation. Meaningful participation from various parties is very important in the discussion process.

Indigenous communities have values and practices that are in harmony with sustainable natural management. This capital can be key to protecting the ecology and supporting local food sovereignty.

"We certainly cannot analyze more sharply. The participation of academics, environmental civil society organizations, and indigenous peoples themselves is very necessary. Indigenous peoples must dare to say that this bill is a need, not just a desire," he explained.

IOJI Chief Executive Officer (CEO) Mas Achmad Santosa said that indigenous peoples have contributed greatly to overcoming threats in the current anthropocene era. Indigenous practices for generations have maintained biodiversity, optimized the role of forests to absorb carbon, and avoided forest and land fires.

A legal system with a more inclusive view of human interaction with nature is needed. So, the policies taken are not only oriented towards human needs, but also maintain the sustainability of the ecosystem.

Santosa said, there are several legal principles to overcome the challenges of the earth crisis, one of which is ecological limits. "The law needs to set clear limits to prevent excessive exploitation that can damage the ecosystem," he said.

KEHATI Foundation Program Director Rony Megawanto said that protecting indigenous peoples can be an important strategy to maintain national food security. For generations, indigenous peoples have practiced a food security system and do not rely on just one food source.

Rony gave an example of the practice of marine sasi in Papua and Maluku as a form of food security in utilizing marine products. Sasi limits fishing in certain zones or species. That way, marine products can be utilized sustainably.

"Indigenous people actually understand better how to achieve food sovereignty while preserving the ecosystem. We should not feel that we know more than indigenous people. Our job is actually to campaign for indigenous values and practices," he said.

Secretary General of the Indigenous Peoples Alliance of the Archipelago (AMAN) Rukka Sombolinggi said that the Indigenous Peoples Law should ideally bridge the protection of indigenous peoples' rights. However, because the regulation has not been ratified, many government development policies are actually detrimental to indigenous peoples.

Therefore, the discussion of the Indigenous Peoples Law Bill needs to involve broad public participation. "The substance (in the draft bill) must be sorted out first. We open the door to participate fully and effectively. Our goal is good, how to see a better future for indigenous peoples," he said.