The Forum for Legal Studies and Research (FKPH) of the Faculty of Law, Universitas Brawijaya, in collaboration with the Constitutional Court of the Republic of Indonesia, held the Constitutional Law Festival under the theme “Quo Vadis: Recognition of Indigenous Legal Communities in the Social Constitution in the Era of Legal Pluralism in Indonesia.” The event was held from Friday, 7 October to Monday, 10 October 2016, at the Faculty of Law, Universitas Brawijaya, Malang. The festival featured three competitions: (1) the Student Scientific Article Competition (KAI) for the Prof. Abdul Mukhtie Fadjar Challenge Trophy, which was contested by 10 finalists from the Faculty of Law of the University of North Sumatra, Universitas Indonesia, Universitas Pancasila, Universitas Padjadjaran, Universitas Diponegoro, Universitas Gadjah Mada, and Universitas Islam Indonesia; (2) the Legislative Drafting Competition (KPUU) for the Prof. Achmad Sodiki Challenge Trophy, which involved five finalists from the Faculty of Law of Universitas Indonesia, Universitas Diponegoro, Universitas Sebelas Maret, and Universitas Islam Indonesia; and (3) the Legal Case Discussion, which was contested by the 10 KAI finalists and five KPUU finalists.
The Faculty of Law, Universitas Gadjah Mada (FH UGM), through its Department of Customary Law, sent two delegations to the KAI competition under the supervision of Tody Sasmitha Jiwa Utama, S.H., LL.M. The delegations consisted of: (1) the Dewi Sri Team, comprising Almonika Cindy Fatika Sari and I Wayan Robi Suryana, with a scientific article entitled “Free, Prior and Informed Consent (FPIC) as an Instrument for Protecting the Rights of Indigenous Legal Communities over Customary Territories”; and (2) the Sadewa Team, comprising Nathanael Evander Ginting and Nikko Banta Maliala, with a scientific article entitled “Establishing a Customary Land Registration Unit within the National Land Agency to Protect the Rights of Indigenous Legal Communities.” Both teams advanced to the semifinals and became two of the 10 finalists invited to present their ideas before the judging panel.
After completing the presentation stage, the Dewi Sri Team was declared the first-place winner of the KAI competition and brought home the Prof. Abdul Mukhtie Fadjar Challenge Trophy. The achievement was not merely a victory for the Dewi Sri delegation, nor did it end with receiving the championship title. From the outset, both delegations sent by the Department of Customary Law, FH UGM, had committed to further developing and publishing their respective scientific articles so that their ideas could be disseminated and implemented by relevant stakeholders, ultimately contributing to the strengthening of Indigenous Legal Communities in Indonesia. FPIC can serve as a preventive mechanism against agrarian conflicts and violations of the rights of Indigenous Legal Communities. Prior informed means that external parties are required to first inform and consult Indigenous Legal Communities about any activities or projects to be carried out within or near their customary territories. This is followed by free consent, meaning that Indigenous Legal Communities freely and independently decide whether to accept or reject the proposed project. FPIC is therefore important to be incorporated into legislation as an effort to strengthen the legal position of Indigenous Legal Communities over their customary territories.
