MODEL PENGATURAN PARTISIPASI MASYARAKAT ADAT DALAM PENATAAN RUANG: STUDI KOMPARATIF INDONESIA DAN AUSTRALIA

Abstract

Spatial planning regulations are crucial in promoting land use and natural resource in line with the principles of sustainable development. Public participation is highly necessary to avoid various negative impacts of spatial plan. Despite having regulations for public participation, the Spatial Planning Law and its implementing regulations have not explicitly addressed the existence of indigenous peoples. However, the existence of these groups has been regulated in several international conventions such as the International Labour Organization (ILO) Convention 169 of 1989 and the Rio Declaration of 1992. Article 18B paragraph (2) of the 1945 Constitution also explicitly states that the state recognizes and respects the unity of customary law communities along with their traditional rights. This is further reinforced by Constitutional Court Decision No.35/PUU-X/2012, which affirms that Customary Forest is a forest located within customary territories, and no longer State Forest. By comparison, the Planning Act 2016 of Queensland in Australia states that spatial planning must protect and promote the knowledge and culture of Aboriginal and Torres Strait Islander peoples. Additionally, the Planning Institute of Australia (PIA), in its curriculum, has begun to incorporate coursework on the contribution of indigenous communities to spatial planning as a means to introduce and educate aspiring planners. The absence of clear regulations governing the participation of indigenous peoples in spatial planning highlights the urgency of this research. This study will propose a model for regulating the participation of indigenous communities in spatial planning in Indonesia by conducting a comparative study with Australia.