Legal Protection of Indigenous Communities Affected by National Strategic Projects

Abstract

The development of National Strategic Projects (PSN) in Indonesia often leads to conflicts between development interests and the protection of indigenous peoples' rights. This research aims to assess the weaknesses of the regulations and seek directions for policy reform on the protection of indigenous peoples in the context of PSN. Using a normative juridical approach with qualitative analysis, data is obtained through document studies of national regulations and international instruments, as well as case studies of PSN projects that have a direct impact on indigenous communities. The results showed a legal vacuum related to the recognition and protection of indigenous peoples' rights, weak involvement of indigenous peoples in the decision-making process, and the absence of explicit legal obligations on the application of the principle of Free, Prior and Informed Consent (FPIC). This research concludes that policy reforms are needed in the form of strengthening specific regulations, implementing FPIC thoroughly in every stage of the project, and strengthening indigenous peoples' access to legal justice as an integral part of the legitimacy and sustainability of national development.