“Cengkeraman Ganda”: Kolonialisme Internal, Eksklusi Intim, dan Absensi Subjek Perempuan dalam RUU Masyarakat Hukum Adat

Abstract

Indigenous women serve as central custodians of ecological knowledge and social reproduction, yet they are systematically marginalized by a “Double Squeeze”: external pressure from state-led extractive expansion and internal patriarchal customary structures. This paper argues that the two-decade stagnation of the Indigenous Peoples Bill (RUU MHA) needs to be understood as a manifestation of State Capitalism seeking to secure indigenous territories as investment assets under the guise of Green Developmentalism. Through a Comparative Textual Analysis of the 2026 House Draft and the 2025 Civil Society version, using the lens of Feminist Political Ecology (FPE), this research reveals how the deliberate erasure of female subjects from legal texts facilitates “Intimate Exclusions”. In this process, the state effectively co-opts local patriarchal elites to legitimize land dispossession. The study concludes that passing the Bill without explicit gender affirmation and protection of women’s managed areas (wilayah kelola) risks legalizing the dispossession of indigenous women’s living spaces to ensure investment security. It calls for a fundamental reconstruction of the Bill to recognize women as equal legal subjects and to institutionalize their substantive veto power in land-related decision-making.