Antara Ketidakpatuhan dan Sejarah Masa Lalu: Analisis Kepatuhan Negara Indonesia terhadap Konvensi ICERD, Studi Kasus Daerah Istimewa Yogyakarta dan Papua

Abstract

Complying with an international convention that ratified by state is an obligation for the
country. In this regard, Indonesia has ratified the International Convention on Elimination
of All Forms of Racial Discrimination (ICERD) since 1999. As a matter of its obligation,
Indonesia has implemented formal compliance to ICERD convention through its policies
to eliminate all form of racial discrimination issued after the ratification of the convention.
Nevertheless, there are some forms of policy that discriminate against certain ethnics in
Indonesia. For example, the Instruction of the Head of the Region number K.898/I/A/1975
which prohibits non-indigenous citizen from owning the rights of land in Yogyakarta and
government policy toward indigenous people especially Amungme tribe in Papua whose
their rights of land is violated by PT Freeport Indonesia. This thesis analyzing the causes
of Indonesia’s compliance and non-compliance toward ICERD convention using the
theory of compliance by Ronald B. Mitchell. The result shows that the cause of
Indonesia’s formal compliance caused by state dependent interest. While the causes of
Indonesia’s non-compliance shows different results, which is caused by incapacity and
caused by preference from two cases that has been analyze. Nevertheless, both cases have
similarities which is historical factor also influencing state’s non-compliance in the present.