Nasib Hukum Adat di Indonesia - Dr. St. Laksanto Utomo, S.H., M.Hum

Summary

In this insightful conversation, Dr. Stefanus Laksanto Utomo, Chairman of the Indonesian Association of Indigenous Law Teachers, discusses the urgent need for the Indonesian government to recognize and protect indigenous law. He critiques the marginalization of indigenous communities and the delay in passing the Indigenous Law Society Bill (RUU Masyarakat Hukum Adat), which would legally safeguard their rights. The discussion highlights the disconnect between symbolic gestures like wearing traditional attire during national events and the lack of concrete legal support for indigenous people, stressing the importance of swift legislative action for their protection.

Takeaways

• 😀 Adat law, or customary law, is a living law that evolves with the needs and traditions of Indonesia's indigenous communities.
• 😀 There is ongoing marginalization of adat law, especially in the face of national legal frameworks and the influence of Western-style law.
• 😀 Dr. Stefanus Laksanto Utomo, the Chairman of the Indonesian Association of Adat Law Educators, emphasizes the need for recognition and the continued study of adat law in Indonesian universities.
• 😀 The Indonesian government has been slow in passing the Indigenous Law Bill (RUU Masyarakat Hukum Adat), which has been stuck in the legislature for nearly 20 years.
• 😀 Adat communities are often neglected in favor of investor interests, particularly in areas like land rights and resource exploitation.
• 😀 Countries like Malaysia have integrated adat law into their legal systems, whereas Indonesia has not fully embraced or acknowledged adat law in its national constitution.
• 😀 The lack of legal recognition of adat communities and their practices creates a significant gap in their rights and protection within the national framework.
• 😀 Dr. Laksanto criticizes the Indonesian judiciary's lack of familiarity with adat law, leading to wrongful applications in cases involving indigenous peoples.
• 😀 There is an urgent call for judicial education on adat law so that judges can make informed decisions about cases involving indigenous communities.
• 😀 The struggle for the Indigenous Law Bill's passage is seen as crucial not only for legal recognition but also for the preservation of Indonesia's cultural heritage for future generations.

Q & A

What is the central issue discussed in the transcript?

The central issue discussed is the struggle for the recognition and formalization of adat (customary) law in Indonesia, particularly through the passing of the 'Rancangan Undang-Undang Masyarakat Hukum Adat' (Draft Law on Indigenous Legal Communities).

Who is Dr. Stefanus Laksanto Utomo, and what role does he play in the conversation?

Dr. Stefanus Laksanto Utomo is the chairperson of the Indonesian Association of Adat Law Teachers. He discusses the importance of adat law and its academic integration, as well as the challenges faced by indigenous communities due to the lack of formal legal recognition.

What is the significance of the 'Rancangan Undang-Undang Masyarakat Hukum Adat' (RUU Masyarakat Hukum Adat)?

The RUU Masyarakat Hukum Adat is a proposed law that aims to recognize and protect the rights of indigenous communities in Indonesia. It seeks to provide legal acknowledgment for adat law and ensure that the rights and customs of indigenous people are upheld within the formal legal framework.

Why is the RUU Masyarakat Hukum Adat still stalled in the Indonesian parliament?

The RUU Masyarakat Hukum Adat has been stalled in the parliament for years due to political and legislative challenges. Dr. Laksanto suggests that the delay is partly because the law does not align with the economic interests of investors, who may face restrictions on land or resource exploitation in indigenous territories.

What is the relationship between adat law and the national legal system in Indonesia?

Adat law is seen as a living law that operates alongside Indonesia's national legal system. However, the national legal framework often overlooks or marginalizes adat law, despite its longstanding importance in local communities. The conversation highlights the tension between the recognition of adat law and the dominance of national and Western legal systems.

How does Dr. Laksanto view the government's attitude towards adat law?

Dr. Laksanto criticizes the government for its lack of support in recognizing adat law formally. He notes that, despite the symbolic use of indigenous attire in official events, the actual legal recognition and protection of indigenous rights remain unaddressed. He calls for urgent legislative action.

How does Indonesia’s situation compare to that of Malaysia regarding adat law?

Dr. Laksanto compares Indonesia to Malaysia, where adat law is formally recognized and integrated into the national legal system. For example, Malaysia has established indigenous courts that handle legal matters related to indigenous communities, a system that Indonesia has not yet implemented.

What challenges do indigenous communities face due to the lack of legal recognition of adat law?

Indigenous communities in Indonesia face challenges such as land encroachment, exploitation of natural resources, and a lack of legal protection. These communities are often displaced or marginalized due to the dominance of corporate interests and the absence of legal frameworks that acknowledge their customary rights.

What role do universities play in the struggle for the recognition of adat law?

Universities play a crucial role in advocating for the recognition of adat law by offering courses and academic research on the subject. Dr. Laksanto mentions that the Indonesian Association of Adat Law Teachers has been working with universities to keep adat law as an important part of legal studies, despite some institutions abandoning it.

How can young people and millennials contribute to the preservation of adat law?

Dr. Laksanto suggests that millennials can engage with adat law by conducting research, taking courses related to indigenous rights, and integrating modern perspectives into the traditional practices. He emphasizes the need for young generations to appreciate and protect indigenous cultures while adapting them to contemporary realities.