Customary Forest Managements and Its Challenges in East Nusa Tenggara, Indonesia: An Implication of Constitutional Court Decision 2012

I Budiman,T Fujiwara,K Harada,N Sato

doi:10.7226/jtfm.27.2.69

Abstract

Customary forests have not been adequately recognized in state forest management in Indonesia for a long time. However, in the last decades, several fundamental policy changes occurred, and the roles of local communities significantly recognized in forest management. The forest tenure reforms for customary communities are actively addressed after the Constitutional Court Decision (CCD) Number 35 in 2012. The objectives of this study are (1) to determine the changes in customary forest management in response to the CCD and (2) to discuss policy challenges after the CCD in East Nusa Tenggara Province. This study employed qualitative descriptive analysis methods. The result showed the different responses of customary communities related to the institutional development towards CCD. The lack of local regulations regarding customary peoples' rights still need to be solved. Besides, the claims of customary communities for customary forests overlapping with state conservation areas and other customary forests can make the problem more complicated.

Highlights

Customary forests have not been adequately recognized in state forest management in Indonesia for a long time
The Nua Wologai customary community proposed the customary forest as their rights
The Baranusa customary community tried to revive the adat and traditions to maintain the ecosystem sustainability where they depend on their livelihood

Summary

Introduction

Background Customary forests have not been adequately recognized in state forest management in Indonesia for a long time. The Agrarian Law of 1870 (Agrarische Wet) and the Forestry Special Act of 1927 (Boschordonnantie) eroded land rights of indigenous people and customary communities in Indonesia (Asmin, 2016; Bedner & Arizona, 2019). They systematically and structurally marginalized the roles of indigenous people and customary communities in forest management. Indonesia's Constitution states that there are at least 250 areas under the sultanates, kingdoms, and customary people in Indonesia (Sirait et al, 2000)

Objectives

Methods

Results

Conclusion