Identification of the Status of Indigenous Peoples: Implications of the Ratification of the Omnibus Law: Critical Review

Abstract

Identifying indigenous peoples' legal status after the new Omnibus Law was passed is very important to do. Given the several points that govern the existence of existing customary community laws, it has now changed so that local communities' legal rights, particularly the rights to environmental and land management in the regions, have changed. To ascertain the extent of changes that we have analyzed with an in-depth exploratory approach that involves coding and critical evaluation to answer this research question. In the data collection process, we rely on recent data literature studies and present them with a descriptive qualitative design. By considering the literature and review results from several published studies, we can summarize the findings, including that since the Omnibus Law was passed, a series of changes in indigenous peoples' legal rights have also changed. The implication is now that customary rights are fragile because the national law derived from the Omnibus law legally gives privileges to state power, such as points that regulate investment in land and the environment, which no longer side with the legal rights of indigenous peoples. This change is in stark contrast to democratic law in Indonesia.