Right to Traditional Land for Indigenous Peoples: Comparative Study of Thailand and Indonesia
Among Southeast Asian countries, the forestry law established the concept of protected areas, influenced by colonization. The Thai legal system has undermined the indigenous peoples’ right to land for two primary reasons. First, the Thai State claimed that Thailand had never been colonized. Hence, Thailand has no indigenous peoples. Second, a rigid civil law mentality that denied customary law, which guaranteed the right of people to participate in the traditional management of natural resources. We can have indigenous communities, also known as forest protectors. This study notes that the monitoring system still requires proven communities that have the potential to protect forest areas through their traditional management.
In early 2025, the Supreme Court ruled that the ministerial resolution verifying rights is merely an administrative action, not justified by law. This ruling remains subject to challenge. Meanwhile, forced evictions and lawsuits for damages to natural resources continue. The Thai legal system has three courts established to protect the people’s rights: the Constitutional Court, the Administrative Court, and the Court of Justice. The Military Court, however, should not concern civilians. However, during the Military Coup, the military government and the civilian government both had the military’s influence through the “reclaim forest areas” project. The Judiciary shows that it cannot be the forest people’s protection mechanism.
In Indonesia, the legal system, including Adat Law, protects the rights of indigenous peoples to their traditional lands. Remark Constitutional Court case number 35/2012 has guaranteed. The government’s process for verifying rights appears to be similar to Thailand’s. This right is a constitutional right, identical to those in Thailand. Then, why is the consequence different? This study will compare the process of verifying rights and the legal system that supports the indigenous people’s rights to land and their social movement.