Isolasi Geografis dalam Perlindungan HAM bagi Komunitas Adat Terpencil (KAT) di Indonesia : Tantangan Penerapan Hukum HAM Internasional

Abstract

Uncontacted peoples or isolated indigenous peoples is part of indigenous communities living in geographically isolated areas heavily dependant on their respective surrounding local natural resources. Population of Indonesia’s isolated indigenous peoples is decreasing as the result of underdevelopment, asimilation, and land along with resources grab. The most relevant international human rights law to these issues faced by isolated indigenous peoples in Indonesia is Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), and International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) that has been ratified and legally enforced in Indonesia. Normative applications of human rights principles codified in ICCPR and ICERD face challenge such as assimilative approach of Indonesian national law and normative limitation of indigenous representation in central government. The practical applications of human rights principles codified in UDHR, ICCPR, and ICESCR by Indonesian government for isolated indigenous peoples rights face challenge in form of geographic isolation leading to issues such as underdevelopment, poverty, and evictions.