The Urgency of Strengthening the Rights and Participation of Indigenous Peoples in Realizing Sustainable Management of Customary Forest

Annisa Indah Nuari,Sapto Hermawan

doi:10.24815/kanun.v23i3.21881

Abstract

This article aims to analyze the urgency of strengthening the rights and participation of indigenous peoples in customary forest management in Indonesia. Law No. 41/1999 on Forestry, which is still centralized in nature, has limited the rights and roles of indigenous peoples in managing their customary forests. The regulation regarding customary forest in the Forestry Law is inconsistent with protecting ecosystem carrying capacity and democratic decentralization. This article was prepared using a normative legal research methodology in which a statutory and conceptual approach is used. Then, secondary sources of legal material were analyzed and qualified to be narrowed down to answer existing juridical problems. The results show that the rights and roles of indigenous peoples in managing their customary forests are still minimal. Customary forest management centered on the central government and prioritized a sectoral approach can have implications for exploitation that ignores the interests of conserva-tion and sustainability of customary forest natural resources.

Highlights

Article 18B of the 1945 Constitution serves as a guide in recognizing and a form of legal protection for the existence of indigenous peoples in Indonesia
Through the Constitutional Court Decision No.35/PUU-X/2012, the government has provided a new definition of customary forest
It is a form of the Indonesian government's recognition of the customary rights of indigenous peoples to customary forests

Summary

Introduction

Article 18B of the 1945 Constitution serves as a guide in recognizing and a form of legal protection for the existence of indigenous peoples in Indonesia. Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia guaranteed indigenous peoples' existence by providing conditional recognition. The acknowledgment is that indigenous peoples and their traditional rights are recognized and protected as legal subjects. Article 4 Paragraph 1 of Law No 41/1999 on Forestry (hereafter Forestry Law) explains that all types of natural resources in Indonesia, including forests, will be directly controlled by the state as a whole. Fakultas Hukum Universitas Syiah Kuala, Banda Aceh.

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