The Void of People’s Rights in the Face of the Oligarchy Ahead of the 2024 Election
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BONSERNEWS.com – On paper, Indonesian citizens have various rights to protect their interests, therefore a company must seek the consent of the citizens before submitting private land to a company.
“De facto, research has found that it is very difficult for community members to obtain their rights. Protection of the interests of villagers has become ineffective. Companies must also obtain various permits and comply with all existing regulations,” said Prof. Ward Berenschot in Jakarta, Friday 14 July 2023.
“In many cases, the community also has the right to a profit-sharing scheme, namely the core plasma or partnership scheme. Finally, residents also have the right to organize themselves and protest,” said Ward.
The Visit UNDIP/KITLV Leiden Professor explained, of the various kinds of rights that residents have, the main problem is the realization of these rights. That is what is meant by the void of rights.
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“Officially there are rights, but the contents are empty. In citizen protests, criminalization and repression or violence often occur.” he continued.
The source of the vacancy of rights is due to limited land rights due to limited recognition of individual rights over “colonial heritage” that appeared in the 1870 Domain Verklaring.
Until now there is still quite a large area of land and it is still difficult for residents to obtain their rights due to this colonial legacy.
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“The remaining legal protection is undermined through the implementation of lower-level regulations, backdooring of the law. This protection is further weakened by widespread business and state collusion. This collusion makes government officials tend to side with companies by violating laws (UU) that protect people’s rights,” he added.
Undip/LP3ES Lecturer Wijayanto said that rights are a concept that is foreign to the minds of citizens in Indonesia.
In the New Order Education curriculum, good citizens were defined based on their willingness to perform obligations to the state, which were narrowly defined as obedience to leaders.
“We do not know asking for rights from the leadership as a manifestation of the state. What we do know is asking for the kindness of the leader as the holder of power.” he explained.
“Elections are a democratic procedure for discussing the quality of fulfilling citizens’ rights. This is because substantive democracy is basically about how much the rights of citizens have been fulfilled,” he said.
