The Position of Customary Forests in Indonesia after Constitutional Court's Decision No. 35/PUU-X/2012

Suparto, Suparto (2019) The Position of Customary Forests in Indonesia after Constitutional Court's Decision No. 35/PUU-X/2012. International Journal of Innovation, Creativity and Change, 10 (5). pp. 160-170. ISSN 2201-1323

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Abstract

Forests in Indonesia based on their tenure status consist of State Forests and Private Forests. So far, based on Law No. 41 of 2019, Customary Forests are included in State Forests. As it is considered to violate the constitutional rights of indigenous and tribal peoples, Law No. 41 of 1999 concerning Forestry was submitted by the Judicial Review to the Constitutional Court (MK). The research method uses a normative legal approach with secondary data. Data analysis was carried out in a qualitative descriptive method. Based on the decision of the Constitutional Court Number 35 / PUU-X / 2012 against Judgment of Law No. 41 of 1999 Concerning Forestry, Indigenous Forests are no longer a part of State Forests but are placed in the category of private forests. As a follow up to the decision of the Constitutional Court Number 35 / PUU-X / 2012, the Ministry of Environment and Forestry of the Republic of Indonesia issued Ministerial Regulation Number: P.32 / Menlhk-Setjen / 2015 on private forests. The regulation outlines that the stipulation of customary forests into private forests is carried out in two stages : (1) Recognition of the existence of indigenous peoples or customary rights through Regional Regulations (Perda). (2) Determination of the Minister of Environment and Forestry over customary forests into private forests. There are several provinces in Indonesia that have established Indigenous Forests including the Provinces of Jambi, Lampung, West Kalimantan, Central Kalimantan, Central Sulawesi, Southeast Sulawesi and South Sulawesi. Therefore, other provinces that have customary forests must be proactive to immediately make a local regulation about the existence of customary law communities or rights, which is one of the conditions for establishing customary forests.

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