1

National Workshop Conclusion Making Inventory and Protection of the Rights of Indigenous Peoples Jakarta, 14-15 June, 2005. Organized by: Constitutional Court National Commission of Human Rights Department of National Affairs.

1.

Introduction. Following the recognition regarding Indigenous people of which has a basis in Article 18B clause (2) and Article 28 I clause (3), in the Constitution 1945, Article 51 clause (1) b of Act No. 24/2003 on Constitutional Court, along with Article 6 of Act No. 39/1999 about Human Rights, Constitutional Court of the Republik of Indonesia, the National Commission of Human Rights, and the Republic of Indonesias Department of National Affairs, of which need clarity of meaning, purpose and in interpretation from the four Constitutional requirements that must be fulfilled so that Indigenous peoples or traditional peoples can receive legal standing. The four consistutional requirements are: (1) as long as remain in existence; (2) in accordance with societal development; (3) in line with the Principles of Unitary State of the Republic of Indonesia; and (4) shall be further regulated by law. To receive this clarification, Constitutional Court of the Republik of Indonesia, the National Commission of Human Rights, and the Republic of Indonesias Department of National Affairs, along with related government departments cooperated with stake holders related to the problems associated with Indigenous People, on the 14th and 15th June 2005 at Hotel Millenium, Jalan Kebon Sirih, Jakarta conducted The National Workshop: Stocktaking and Protection of the Rights of Indigenous Peoples which was attended by 106 people from local levels and national levels,

with an observer from The United Nations Development Program (UNDP). The workshop opening ceremony was addressed by:
a.

The RI National Affairs Minister was represented by Ministers expert staff in Governmental Affairs, Ir.Timbul Pudjianto, MPM Vice Chairman of the National Commission of Human Rights, Zumrotin K. Susilo. Secretary General of the Constitutional Court, Janedjri M. Gaffar. Prof. Dr. Satjipto Rahardjo, SH, Emeritus Professor from Universitas Diponegoro, with the paper: Adat law in the Republic of Indonesia (A Sociological Perspective).

b.

c.

The following people acted as panelists:

a.

b.

Prof. Soetandyo Wignyosoebroto, MPA, Emeritus Professor from Universitas Airlangga, with the paper: Thoughts on the Four Conditions for the Recognition of Indigneous Peoples Existence.

c.

Drs. Dardjo Sumardjono, General Director of the Community and Village Development of Department of National Affairs, with the paper: Spelling Out the Four Juridical Conditions for Indigenous People in the Local Regulation

d.

Dr. Satya Arinanto, SH, MH, Executive Director of The Study Centre of State Law, Faculty of Law Indonesia University with the paper: Human Rights and Indigenous Peoples: Several Notes.

e.

Dr. Saafroedin Bahar, Commisioner of the Division of the Rights of Indigenous peoples, National Commission of Human Rights, with the paper: Human Rights Perspectives Towards Four Juridical Conditions for the Existence of Indigenous peoples .

f.

Drs. H. Anwar Saleh, Chairman of the Malay Riau Adat Institution, with the paper: Systematic Violations Towards the Adat Land Tenure and One of the Possible Solutions to Prevent and to Settle the Conflict.

g.

Dr. Sri Hartanto, Expert Staff of Ministry of the Department of Culture and Tourism with the paper The Liinkage between Respect to Indigenous Peoples and the Policy of National Tourism.

h.

Ir Indriastuti, MM, Expert Staff of Ministry of Forestry Department with the paper: Recognition of the Existence and Protection of Indigenous Peoples Rights in Forest Management in Indonesia.

3 i.

Dr. Ir. Irwan Bahar, Expert Staff of Energy and Mineral Resources Department, with the paper: The Rights of Indigneous Peoples in Energy and Mineral Resources Sector Regulations.

All participants gave their appreciation towards the organising of the National Workshop concerning Indigenous peoples, which for the first time in Indonesian history held by States instituions of various sectors and it is expected that the direct communication which has now been opened up between stakeholders in Indigenous peoples issue with the Governments jurisdicton at the central level can be maintained and expanded upon in the future. The discussions that transpired at the National Workshop revealed that the problems that are currently being dealt with are not only limited to interpretation about the Constitution articles and other regulations, but also conceptual problems more rigorous, especially the problem of paradigms of the State and society including the positivism currently evident in the law. The National Workshop gazed at matters more basic, however these must be discussed in this context, in addition to problems of the interpretation as well as the implementation of the legislations. The following conclusions were taken from the discussions had by participants in the Plenary Session, the A Commission that was led by Winarno Yudho, SH, MH and the B Commission which was led by Anshari Thayib. The problem of paradigm, concept and conclusions are presented below. 2. Conceptual Analysis
a. To overcome the limitations of positivism currently in the law, it is

understood that the meaning and concept from the articles that are in the Constitution and regulations must be better understood by exploring the paradigm and the ideas that formed the background for them, in addition to always connecting the ideas and the concepts with the reality, as well as to include empathy, care and concern. Legislation articles that are not able to be understood by some have been finished and have a finite quality, but some are always undergoing process. In this context, along with implementation of the positive laws, it is need to

be done in a balanced way with the development of law politics and its socio-cultural aspect.
b.

In connection to this, it was worried that a series of reform that was achieved in the Constitution Amendment1945 are only limited to the reform of norms , and not yet touched the reformation spirit, enthusiasm and its core content. Positivism currently in the law is considered as one of the causes of elimination of Indigenous peoples. which in turn, caused big losses for the country, in addition with the disappearance of social control in handling the conflict, destruction of the forest, and environmental damage. It must be acknowledged, that apart from the authority of the Constitution, there is also the authority of another law, including the authority of Indigenous law, of which is more embedded in the community. More than that, the law must not be understood statically, but also understood dynamically. In relation to the history of politics, it is tha fact that historically, Indigenous peoples have existed before the existence of the nation State. The difference is that the country grew in artificial way whereas Indigenous peoples grew in a natural way that they must be. According to this history, the country was born in a response to industrialisation and capitalism, and demanded hegemony towards authority and territory. In this context, the interpretation that inexact that if indigenous peoples and their law still exist it is only because they are allowed to exist by the State. The demand of the countrys hegemony was not always received by Indigenous peoples, so as to be gotten by the dynamic balance and sometimes dycothomic situation between the strength of the Indigenous peoples and the authority of the country. If the countrys authority is strong, the Indigenous peoples is weak, and on the contrary, if the countrys authority is weak, then the Indigenous peoples is strong (strong state and weak society versus strong society and weak state).

c.

d.

e.

f.

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g.

The Four juridical requirements are considered to be paternalistic and centralistic which indicating the view that States Law and Indigenous law are two distinct systems of law. This is very damaging to the protection of the Indigenous peoples and their rights. Nevertheless, whether because of ethical consideration or by pragmatic consideration, the colonial Dutch East Indies government acknowledged the Indigenous peoples without putting forward any conditions. The Indigenous peoples was mentioned as dorpsrepublieken that apart from having its own wealth, it also had the authority to arrange its own domestic affairs independently. This paternalistic and centralistic paradigm against Indigenous peoples which are in line with colonialsm that was, to some extent, not utilised in the colonial Dutch East Indies time need to be reflected more in the context of the democratic country, because the adat law and the national law were not two entities that were essentialy distinct, but was one. If the State of the Republic of Indonesia cut off the adat law, then it divided itself. The question of whether the Indigenous peoples fulfil the four juridical conditions that are determined by the country's law must be overturned with a new question: what has been done by the country to guard and treat Indigenous peoples which exist long before the foundation of the country?

h.

i.

The important matters that must be put forward in talking about the relation between the State and indigenous peoples are the four principles held by indigenous peoples. Firstly, the rights of Indigenous Peoples/the traditional community are the framers of the nation state. Therefore the protection and respect of indigenous peoples should be put in this way of thinking that they must be respected in order to guard the continuation of national life and not in order to conserve their sociacultural live for the shake of another interest; Secondly, the Indigenous peoples/the traditional community grew and developed from itself, because of this, respect must be given in the context of autonomous communities with heterogeneous traditions.; Thirdly, recognition and respect of indigenous peoples rights should be based on the principles

that they have a bundle of rights which could be distinguished one to another but not be able to be separated; and Fourthly, that the law in the shape of the country's legislations should be the last gate prepared by the State for the peoples seeking for justice.
j.

The Republic of Indonesia is a country that contains bio diversity and cultural diversity which is the most complex in the world, and that the management of the country needs sophistication from all circles, especially from the government which, according to the Article 28 I clause (4) Constitution 1945 refers to upholding the protection, responsibility, promotion, enforcement, and the fulfillment of human rights. The difference between the birth of the national countries in Western Europe after the Westphalia Agreement 1648 and the birth of the Republic of Indonesia is that in Western Europe a country is formed with a basis of cultural and political similarity, whereas with the RI, the State was formed by compounding societies with a social legitimization pledge that must be continuously striven for. In striving for social legitimization towards the national life, apart from being needed special wisdom, it also must be avoided by forcing so that the Indonesian community could receive it with the happy feeling. Basically this problem is not a problem of the law, but a problem of political will. The suffering of Indigenous Peoples as rural peoples was mainly caused by a lack of clarity in the management of the country as well as inconsistencies in the laws. In order to form national regulations that are more consistent and dynamic, the regulation formulators including the legal drafters that help them both in the legislative body and in the executive body apart from needing to understand the spirit and the concept of spirit of the state contained in the opening of the Constitution 1945, they also must understand the dynamics of life within the Indonesian community, in order to measure up to what it should at the national level, province level, district and municipality level, and at the subdistrict level, also in terms of Indigenous community level. To support this, it must be

k.

l.

m.

provided the subjects of cultural anthropolory, law anthropology and law sociology in the law school at the university in addition to adat law Study. Problems and Resolution Opportunities arising from the National Workshop.
a. Problems
1.

Essentially, it was agreed that the fatal conceptual mistake is in the Act number 5/1979 about Village Governance. The Act was based only on the concept of the territorial village - similar to what was met in Java, and did not acknowledge the Indigenous community, of which was treated as a lower unit of government. As a result, historically, the ancestral land of territorial connected genealogicalvillages, nomadic communities, and indigenous peoples that were met outside of Java were eliminated. For example, in South Sulawesi, almost all indigenous communities were lost. The fall of territorial connected genealogical-villages and Indigenous peoples in the territorial villages outside of Java, was indicated to be a cause of the decline in social control capacity and which provided the seeds of the social disturbance horizontally. Indigenous Peoples have been eliminated since the occupation of Japanese troops (1942-1945) by making the Indigenous Peoples part of the Japanese war machine. This elimination continued and was not restored after Indonesian independence. Although the Act number 5/1960 on the Basic Agrarian Regulations that in place of Agrarische Wet 1870 was the big progress, of the subjects but the Article 3 that sounded: remembering the provisions in article 1 and article 2 the implementation of indigenous land rights and other similar rights of indigenous peoples, as long as they still exist, shall be in the way that in line with the interest of nation and the State based on the unitary of nation and shall not be in contradiction to the higher laws and regulations is actually a fatal conceptual mistake. The fatal conceptual mistake was afterwards followed by similar articles in other regulations about natural resources. In particular, the fatal conceptual mistake is in:

2.

3.

a. The article 1 (6) Act number 41/1999 on Forestry, that states Adat forest is States forest situated in customary territory b. The article 26 Act number 11/1967 on Mining, that states ..when the lisence from States authority given to mining concession holder to run its investment in a certain territory, to those who are the land-rights holders it is an obligation to allow the mining concession to run their work in that territory c. The Act number 14/1970 on Basic Judicial Regulations does not state the existence of adat judiciary system and the launch of Act number 5/1979 on Village Government which pushing the uniformity of village government has put an impact weakening the adat judiciary system
4.

More than that, this fatal conceptual mistake was also adopted by Article 18 B clause (2) in the Constitution 1945. This fatal conceptual mistake in the Constitution needs to be amended. Specifically, the National Workshop indicated a concern about the reporting rate of uncontrolled forest openings, this has been aggravated by the intensity of illegal logging of the Indonesian forest which is rich in biodiversity, and will eventually be destroyed in the forthcoming decades.

5.

b. Opportunities
1.

The government departments that have the duty related to the existence and the right of the Indigenous Peoples essentially honored the existence of Indigenous Peoples rights, and opened itself up to accept input for revision of articles of the regulations that accidentally caused violations to the existence and the rights of the Indigenous Peopless. In connection with this, if the violation in the field occured, it is possible that it was caused by an interpretation mistake, an executive's mistake, or an implementation mistake. In Act Number 10, 2004, regarding the formation of the Regulations, there is a legal reform that has never existed before until now, this

2.

acknowledges the village regulation as a comprehensive part of the whole of the country's legislation.
3.

The Baduy/Kanekes Indigenous Peoples have succeeded in their fight for the formation of two local regulations of the Lebak District, of which protect their existence and rights to land, while simultaneously guarding the conservation of the protected forests as well as water resources. The rights of Indigenous Peoples under the command of Karaeng Galesong in South Sulawesi are able to use local wisdom efficiently (local genius) to complete the court of justice dispute that for years could not be resolved by the court even to the level of the Supreme Court. Also was gotten by local wisdom that is usefull in conservation of the forest, which outlines that if one tree is cut down, two trees should be planted. The Institute of Dayakology has already organised a complete stock take of all Indigenous Peoples and their adat law in West Kalimantan. Some local government have made inventory of ulayat lands in their distritct or province. The acceptance to those inventory among indigenous peoples varries a lot. To reduce the number the internal disputes that have happened between adat leaders and the community members of the West Sumatra Province, of which often get dragged down to the court, there has been efforts of improving the management of the ethnic groups as well as to give a more active role to the women.

4.

5.

6.

4. Joint Agreement. a. General Overview.

1. The Constitution is important, but constitutionalism that is the

concepts that form the background of this constitution, are far more important. In connection with this, the Constitution Court need to be a court of conscience and should not be trapped in handling case by case without perspective, as well as this, it must also be prepared to look at all of the methods that are needed to guard and treat Indigenous Peoples rights. Associated with this, there must

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also be a distinction between upholding the law and upholding regulations. In upholding the law, apart from paying attention to regulations that were written, it also must pay attention with a conscience. The nonexistence of regulations does not mean the nonexistence of law.
2. The paradigm characterized as being state-centered until now, must

be increased and become people-centered.

3. To settle various problems that are dealt by Indigenous Peoples

along with government agencies, it was considered that there must be another meeting held between involved parties of the related department, National Commission on Human Rights, and the involved parties of the Constitution Court, and stakeholders of Indigenous Peoples. It is hoped that this initiative will be taken on board by the National Commission of Human Rights.
b.

Taking inventory of Indigenous Peoples

1.

National Commission of Human Rights and Department of National Affairs need to prepare the Participatory Stocktaking Guideline through a consultative process with indigenous peoples organisations. Stocktaking of the Indigenous Peoples should be carried out by the regional government using the guideline prepared by National Commission of Human Rights and Department of National Affairs without waiting for the formulation of Acts on indigenous peoples Special attention must be given to Indigenous Peoples law that was eliminated because of Act number 5/1979 on the Village Government. To notify peoples about this stocktaking plan, it must be held with intensive explanations in appropriate areas (road show).

2.

3.

4.

c.

The protection of Indigenous Peoples Rights

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1.

The violations against Indigenous Peoples rights and existence has always been related to the States control over natural resources in the territory of Indigenous Peoples. Along with the importance of a protection program for the existence and the rights of Indigenous Peoples, it must also be accelerated by a special restoration program of the rights of Indigenous Peoples. To take it into realization, it is recommended to: a. Peoples Consultative Assembly (MPR) to ammend to article 18 clause (2) b. Government and House of Representative (DPR) to ammend or to revise all the Acts/regulations which are incorrect and to formulate new Act Although it is not perfect, however, the conditional provisions in article 18 B clause (2), article 28 I (3) UUD 1945 and article 51 clause (1) of Act number 24/2003 on the Constitutional Court still enact. While waiting for the amendment of Acts mentioned above, the explanation of the four requirements stated in the Constitution could be done through article 216 clause (2) of Act number 32/2004 on Local Government
c.

2.

3.

The Central Government to: 1. 2. 3. Review and revise all the regulations regarding implementation Do law enforcement to corporations that break the law Not to extend HPH and HGU permission that have already been finished

d. The Local Government to: 1. No longer give new principle permission without indigenous peoples consent

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2. Repeat measuring the HGU and HTI that show indications of exceeding the area permitted 3. Do corrdination of rearrengement of forest area
4.

Settle the conflicts regarding customary/ulayat lands

4. Essentially, Indigenous Peoples law was open to and accepted the spirit that was contained in the Article 33 article (3) basic regulations 1945 that sounded: Earth and water and the natural wealth that is contained inside are controlled by the State and is utilised as much as needed for the prosperity of the peoples. In connection with this is that Indigenous Peoples law accepted the transmigration program, with the community's note that they must be treated as just as the transmigrants in order to not cause social jealousy. 5) In line with the program: National Legislation for the term 2004-2009, the workshop well accepts the plan of composing the Bill of Indigenous Peoples. For the sake of the formation of the bill, it is hoped that the law composers and legal drafters who help issuing them either those who are posted at legislative or executive bodies aside from necessarily important to fully understand the spirit and zest of the perception pertaining to the state as stated in Constitution of 1945s Preamble, they have to understand the dynamic life of Indonesian society, either at the rank of state at national, provincial, regency, and municipal, and subdistrict levels, or at the rank of indigenous peoples. It is also hoped that process of formulationa of the bill regarding indigenous peoples will be carried out participatorily with the invovement of indigenous peoples in line with the provisions in the Act number 10/2004 on the Arrangement of Acts 6) In order to support the national policy on the respect, protection, and fulfillment of the rights of indigenous peoples, in line with the actual condition as accepted by indigenous peoples, it is necessary to facilitate the lectures of indigenous law at any faculties all over Indonesia as well as anthropological lectures on Indonesian culture which is always updated, anthropology of law and sociology of law. 7) Prior to the completion of the law, it is considered to be important to suggest the government to ratify ILO Convention No 169 Concerning Indigenous and Tribal Peoples in Independent Countries (1989). 8) The protection for the existence of indigenous peoples is a kind of the completion of Unitary State of Indonesian Republics responsibility, c.q., the responsibility of the government due to Article 28, Verse (4) of the Constitution 1945, and besides, will also guarantee the fulfillment of international responsibility of Unitary State of Indonesian Republic in forest protection and environmental conservation. 9) Definition as stated in Article 67 of the Law No 41, 1999, which states that forest consists of the state forest and the ownership one, and that the indigenous forest is the state forest lying in the areas of indigenous peoples, so for putting more stress on the recognition of the existence and rights of indigenous peoples, it is necessary to amend it to be: state forest, ownership forest, and indigenous peoples forest. 10) Prior to the amendment of the article of the Law, indigenous peoples who feel that their constitutional rights are damaged, might use their legal standing as Petitioners to Constitution Court due to Article 51 clause 1 (b) of the Law No 24, 2003, on Constitutional Court.

13 11) Department of Forestry mention about the possibility of recognition of indigenous

peoples related to their inherited lands by: a) measuring the inherited land b) composing regional regulation which recognizes the boundary of the land c) ask for the certain authority of local government to legalize it 5. Problems to be Followed Up a. Establishment of Communication Forum of Indigenous Peoples in co-operation with related department. AMAN has already been present. It should be better if there is an initiative to view this as an opportunity to establish more intensive relationship with the growing and developing organizations at any regions. b. Composition of academic paper for the Bill of Indigenous Peoples. c. Re-examination and harmonization of related legislations. d. Continual examination and research on indigenous peoples (masyarakat hukum adat) including among others: 1) Criteria and standardized definition of indigenous peoples in Indonesia (masyarakat hukum adat or masyarakat adat) with regards to the plurality of indigenous groups in Indonesia. It is neede to open the possibility of finding another alternative definitions masyarakat hukum adat. The term masyarakat adat is used in consideration that indigenous peoples in Indonesia are not only characterized by adat law. At United Nation level it is needed to study more deeply about the term indigenous peoples, tribal peoples and ethnic minorities at one side and ethnic nation as a comparison to the term nation state and new nation on the other side 2) The fact of the diversity of adat law due to the diversity of indigenous groups which some of them are sedenter peoples while other groups are nomadic peoples. 3) Structural relationship between indigenous peoples, ethnic groups, nations and states. 4) Rights of indigenous peoples, either at the national or international laws. 5) Regulation on restitution, rehabilitation, and compensation when violation of indigenous peoples rights takes place. 6) Empowerment of mechanism of conflict settlement institution between law systems 7) The direction of local and national legal reform based on the diversity of culture and law. e. As a stepping ground in standardized definition on indigenous peoples, we can implement common requirements popularly known in indigenous laws which are: 1. Having traditional values as the regulator of attitudes and behavior as well as the regulator of rights and obligation of its society / community members. 2. Having traditional institutions as regulations/symbols of social affiliation as considered by all its community members with the structural / hierarchical clarity of its indigenous leaders.

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3. Having indigenous leaders and group of traditional conservationists with clear position and role within the social stratification at the community, with the central role that is to carry out and conserve indigenous values in daily life, where one of the main functions is to prevent any possibility to violate indigenous norms by its members, and in case it does happen, a sanction to be implemented in accordance with the indigenous norms put into effect. 4. Having society members who respect, obey, and conserve indigenous values in daily life. 5. Having boundaries of territorial jurisdiction as a regional unit where those indigenous norms of the community are put into effect (whats about tribal groups which have no concept of territorial boundaries but their indigenous laws can be implemented to all their members, say for instance: Punan, Kasepuhan, Sedulur Sikep? It is necessary to re-examine it). 6. Particularly for nomadic groups which do not refer to territorial boundaries, the statement no. 5 above is not rigidly applied f. As for a comparison, we can use nine principles once implemented in Inlands Gemeente Ordonnatie 1906, specifically for Java and Madura islands, which are: 1. Status of village head must be officially recognized by the government. 2. Village heads post must be gained by means of election. 3. Income of village head as well as his assistants to be gained by means of the traditional rules put into effect. 4. Villages government management to be handed to village head due to regulations which will guarantee good implementation. 5. There are certain people who are appointed to take part in the meeting related to village problems. 6. Village head to represent his village inside or outside any legal affairs. 7. Communal property should be maintained and conserved. 8. Obligatory works (without paid) for the sake of village interest can get its justification and that any possibility of additional burdens provided by the village is still open. 9. Officials who have higher position can take any interference to regulate any things related to authority attached to village head. 6. Miscellaneous Items a. In terms of United Nations, it is considered that in discourse debates on indigenous peoples, representatives of indigenous peoples from northern part of the globe and who are fluent in speaking English can master more issues as compared with representatives from Indonesian indigenous peoples who do not master such a foreign language. Therefore, it is necessary to ask for United Nations Secretary General

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to prepare certain translators for Bahasa Indonesia/Malay spoken by around 250 million people. b. It is necessary to hold a communication with relevant institutions (university, non-governmental organisations, and State institutions) in other countries which has great attention on studies of indigenous peoples. c. Unitary State of Indonesian Republic can take the benefits of the policies and any good practices from the Dutch Indian Colonial era, aside from recognizing indigenous peoples unconditionally including its tradition to issue a regulation (instellings verordening) to form a community after it has been ready to function as a community. d. Indigenous peoples of Baduy rejects the term tourism object as they feel that the term respects less on the existence of indigenous peoples, which generally are not involved in summarizing any government policy. 7. Conclusion and Closing Statements a. National Workshop on Stocktaking and Protection for the Rights of Indigenous Peoples held by Constitutional Court, National Commission of Human Rights, and Department of Internal Affairs and attended by experts, related departments, stakeholders and observers of The United Nations Development Program, has been able to identify problems be they problems of basic concepts or problems of implementation and to summarize necessary steps aimed at improving them, either in composing legislations or in government policy. b. In line with the need to amend Article 18 Verse (2) of the Constitution 1945 and Article 3, Law No 5, 1960, on Basic Agrarian Act, Article 1 letter f and article 5 clause (1) Act Number 41/1999 on Forestry, and article 51 clause (1) letter b Act number 24/2003 on Constitutional Court which actually has limited the existence and rights of indigenous peoples, there are still special opportunities in current legislation to be implemented for the protection of the existence and rights of indigenous peoples. c. National Workshop welcomes the plan to compose the Bill of Indigenous Peoples as stated in National Legislation Program for the term 2004-2009. d. Prior to accomplishment of the law, it is considered to be necessary to suggest the government to ratify ILO Convention No 169 Concerning Indigenous and Tribal Peoples in Independent Countries (1989). e. National Workshop well accepts the openness of representatives from Departments of Internal Affairs, of Forestry, of Energy and Mineral Resources, as well as valuable inputs on intellectual properties of indigenous peoples provided by representatives from Department of Culture and Tourism, and calls for National Committee of Human Rights to initiate any sustainable communication. May All-loving, All-merciful God always give His blessings, Divine Direction, Guidance and Assistance for Indonesian Nation as well as Unitary State of

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Indonesian Republic generally, and indigenous peoples which have been so long suffered from any violation of their existence and rights specifically. Amen.

Jakarta, July 12, 2005 FINAL SUMMARIZING TEAM

1. 2. 3. 4. 5. 6. 7. Nusantara) 8. 9.

Winarno Yudho, SH, MH, Anshari Thayib, Komnas HAM

Pusat Pengkajian dan

Penelitian Mahkamah Konstitusi Dr. Saafroedin Bahar, Komnas HAM Subiyono, PhD, Departemen Dalam Negeri Steni, HuMA (Perkumpulan untuk Pembaharuan

Hukum Berbasis Masyarakat dan Ekologis) Sandra Moniaga,SH, HuMA (Perkumpulan untuk Emil Kleden, AMAN (Aliansi Masyarakat Adat Pembaharuan Hukum Berbasis Masyarakat dan Ekologis)

Hilmy Rosyida, Komnas HAM Bisariyadi, SH, Mahkamah Konstitusi