A Legal Political Review of The Recognition Status and Rights of Indigenous Peoples in Environmental Governance in Cirebon

Abstract

The persistent shortcomings in the recognition of Indigenous Peoples across various regions of Indonesia, including Cirebon, reveal a significant discrepancy between the normative framework established in national legislation and its practical implementation at the local level. In Cirebon, the presence of local communities that continue to uphold traditional practices, social structures, and ecological knowledge has not been accompanied by legal acknowledgement through regional policy instruments. This absence of regulatory support leaves customary rights particularly communal land rights and traditional environmental management rights insufficiently protected, thereby limiting the role of indigenous communities in advancing sustainable environmental governance. This study aims to examine the legal politics underlying the recognition status of Indigenous Peoples in Cirebon and to analyze the extent to which their rights are protected within the framework of environmental governance. The analysis assesses the alignment between constitutional provisions and sectoral laws including the 1945 Constitution, the Forestry Law, the Environmental Protection and Management Law, and the Village Law and the regulatory arrangements at the regional level. It further evaluates the significance of local wisdom as an ecological foundation for community-based environmental stewardship. The research employs a normative juridical methodology, utilizing statutory, conceptual, and vertical synchronization approaches. Data were analyzed through an extensive review of literature and regulatory documents. The findings demonstrate that despite the existence of a robust national legal framework for indigenous recognition, the Cirebon regional government has yet to adopt regulations that explicitly regulate the identification, verification, and formal designation of Indigenous Peoples. Consequently, recognition remains declarative and non-institutionalized, failing to effectively enhance local community participation in environmental governance. The study concludes that regional legal reform particularly the enactment of a regional regulation recognizing Indigenous Peoples is essential to ensure legal certainty and to promote ecologically just environmental governance.