Argumen

1. Customs understand the needs of the community

In this case, of course, what we call adat is a group that lives side by side with a
form of tradition that has been passed down from generation to generation. The
similarity of lifestyle causes adat as a regulator in social life to understand the
needs of its people better. Some remote areas or even untouched by eyes of course
rely on customary decisions, for example Papua. Papua is one of the areas that are
included in the interior that still uses the primus inter pares government system or
tribal chiefs. The government, especially in Indonesia, tends to turn a blind eye to
those who live in remote areas. Therefore, it is said that adat understands the needs
of its people better. The use of customary land is not solely used as an expansion of
territory, a place for shelter (houses), or matters relating to housing. Plantations,
forests (plants in them) are commodities that they use in rural areas to survive.
When they no longer have the right to regulate their territory because the will of
commercialization is no longer in their hands, what happens is that the
community's needs will not be met. The interests of the company as the buyer of
the land are upheld.
Evedince: Baduy
The Baduy community has provisions to trade any commodity to parties outside
the original Baduy. Rice, one of the commodities that are prohibited for sale. Rice
is only used to meet the food needs of the Baduy community itself. In addition,
Baduy have full rights to regulate the sale and purchase of their land which is
derived from the customary law of their ancestors which has been passed down
from generation to generation. Even the involvement of the press, media (cameras)
in their lives is very limited and everyone must comply with these regulations. The
needs of their children's education, food, etc. have been successfully met by the
Baduy community because they have the full right to regulate what their custom
needs. They also don't have to comply with pressures from the government if it
harms the community, for example harvesting once a year while the government
requires the community to harvest twice a year.
From the Baduy example, we can conclude, when adat has the full right to regulate
the commercialization of their land. And, when they manage to manage what is
needed, their regular pattern of life continues to develop in their own way. They
give the outer Baduy access to develop and maintain the traditions in the Inner
Baduy area.
2. Human Rights Violations
Human rights are the basis for a person to live and be recognized as a human
being. The right to life, to make decisions, etc. are part of human rights that cannot
be taken away by anyone. If indigenous peoples do not have the right to regulate
their land ownership, this will gradually violate their human rights. Reasons why:
a. The Existence of the Future Generation
Indigenous people of course keep their descendants. Maintain culture by having
offspring to regenerate. As what i've mentioned before land used to live a life.
Place to live, look for food, etc. If the community has the right to regulate the
commercialization of their land like the Baduy, it means that they can maintain
their living area for their children, grandchildren, and the next generation. If the
conditions are reversed, indigenous peoples do not have the right to manage their
own land. They have to give up being sold out of coercion, aren't we indirectly
destroying their bloodline? Let their children and grandchildren live in a question
mark in their territory for the sustainability of their next life. The cutting of land,
the shrinking of the area that becomes their property, of course, causes them to
lack a place to live.
Evidence: Papua
Coercion from palm oil companies that require communities to give up customary
land to be sold and turned into oil palm plantations indirectly robs the community
of their right to live. Even their children who return from overseas have to ask,
how will our life be? when our territory was forcibly destroyed for the benefit of
certain parties. They can't even breathe a sigh of relief due to land clearing by
burning. This is regulated in Law Number 32 of 2009 concerning Environmental
Protection and Management, land clearing should not be done by burning. Palm oil
companies had promised responsibility for education to their children. In fact, this
has never been realized. Companies only pay compensation according to the law
without fulfilling the responsibilities they promise to the community.

Based on reasons and my evidence, we can conclude that when indigenous peoples
have no right to their "self". Gradually they will be "colonized". Forced to do
actions that never crossed their minds. Actions that endanger their existence,
health, economic conditions, or endanger the crucial things they use to survive.
This is certainly a form of human rights violation. Everyone should have the same
rights right? Therefore, giving them the right to regulate their territory or land is a
possible solution to implement human rights.