Legal Protection of Indigenous Peoples and Traditional Communities in Indonesia from The Perspective of The Social Environment

DOI

10.2991/978-2-38476-366-5_68How to use a DOI?

Keywords

Custom; Legal Protection; Traditional; Social Environment

Abstract

Legal protection for indigenous peoples and traditional communities in Indonesia has become a crucial issue in the context of a dynamic social environment. Indigenous and traditional communities have inherent rights to the land, culture, and natural resources that support their lives. However, modernization and industrial development often threaten the survival of these rights. This article aims to analyze the effectiveness of legal protection for Indigenous and traditional communities in Indonesia from a social-environmental perspective, particularly in relation to the utilization and conservation of natural resources and community welfare. The analysis is conducted by highlighting existing legal and regulatory policies, as well as the role of the government, social institutions, and non-governmental organizations (NGOs) in providing legal protection. This research uses a normative juridical approach with a case study method in several regions in Indonesia that have indigenous and traditional communities in Indonesia. The results show that although various regulations and policies have been implemented to protect the rights of indigenous peoples and traditional communities, their implementation in the field still faces many challenges. There is a gap between legal regulations and practical realization that makes indigenous peoples vulnerable to land conflicts, environmental degradation, and social discrimination. The government and relevant agencies tend to focus on economic and development interests, which are often at odds with the principles of social and environmental sustainability for Indigenous peoples. However, in some areas, interventions by NGOs and international organizations have had a positive impact in raising awareness of indigenous peoples’ rights and encouraging their participation in decision-making. This research recommends strengthening policies to be more inclusive and improving monitoring and enforcement mechanisms at the local level so that the protection of indigenous peoples can be realized more effectively and sustainably.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Amri Panahatan Sihotang
AU  - Wafda Vivid Izziyana
AU  - Panji Wirawan
PY  - 2025
DA  - 2025/02/28
TI  - Legal Protection of Indigenous Peoples and Traditional Communities in Indonesia from The Perspective of The Social Environment
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 686
EP  - 692
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_68
DO  - 10.2991/978-2-38476-366-5_68
ID  - Sihotang2025
ER  -