Abstract

The Constitutional Court Number 35 (MK-35) in 2012 has changed the perspective of the customary forests recognition. Before the MK-35 decision, based on the Forestry Act No. 41 of 1999, customary forests are part of state forests so that the management of the customary forest is still under the state control. After the MK-35 decision, customary forests are revoked from state forests so that indigenous peoples have the right to manage and utilize their own customary forests. Problems arise that the customary forests recognition prior requires the indigenous people’s recognition, and this process often takes up the long bureaucracy. The forest management policy in Indonesia itself has not been too siding with indigenous peoples. Tenurial conflicts and overlapped land permits that occur still put the indigenous peoples as victims. This study aims to review forest policy in Indonesia, especially in the concept of REDD+ conservation program and One Map Policy in Indonesia, and to what extent these policies are in favor of the sustainability of indigenous peoples’ rights in Indonesia.

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