States Responsibility in the Fulfillment of Indigenous People Traditional Rights as an Efforts to Uphold Human Rights in Indonesia Anti Mayastuti(a*), Luthfiyah Trini Hastuti(a), Rima Sumiar Achrima(b)
a) Lector in Department of Law and Society, Faculty of Law, Sebelas Maret University, Indonesia. *antimayastuti[at]staff.uns.ac.id; b) Undergraduate Student in the Faculty of Law, Sebelas Maret University, Indonesia
As technology advanced and rapid globalization entering Indonesia, the issue of indigenous people which often dubbed as outdated become increasingly neglected and overlooked. Even though formally juridical recognition of indigenous people existence along with their rights have been listed in various sectoral laws, in reality indigenous people still remain becoming a marginalized group in every decision making, both made by state or other stakeholders. This condition causes a lot of the indigenous people to live with the burden of prolonged discrimination, and isolated from access to their own land with its abundant natural resources. Often time, indigenous people are even alienated from their own cultural, economic and religious systems. The conditions mentioned above have actually shown that violations of indigenous people rights occur in almost all fields, including the human rights field. In the perspective of human rights, states recognition and acknowledgement of indigenous people existence and their inherent rights, means that state is obliged to guarantee and fulfill civil political, economic and cultural rights of indigenous people. State responsibility does not merely lie in the formulation of human rights in the constitution and sectoral laws, but also oversees and supervises its implementation. The fact that violations of indigenous people rights still occurring to this day, shows that state is still negligent in carrying out its obligations as the highest entity of human rights protector.
Keywords: State Responsibility; Indigenous People Rights; Human Rights