Through the Regulation of the Minister of Environment and Forestry No. 9 of 2021, customary forests are now part of social forestry. Where later local communities, as well as Customary Law Communities, will become sustainable forest managers located in state forest areas, rights forests, or customary forests.
This new government regulation is actually quite good compared to the old regulation, because previously customary forests were still classified as state forests.
The recognition of customary forests by the government began with the Judicial Review submitted by the Indigenous Peoples Alliance of the Archipelago (AMAN), resulting in the issuance of Constitutional Court Decision Number 35/PUU-IX/2012.
Constitutional Court Decision No. 35/PUU-IX/2012, the Constitutional Court confirmed that Customary Forests are forests located in customary areas, and are no longer State Forests.
The Judical Review revoked the old regulation, namely Law No. 41 of 1999 Article 1 paragraph 5 which states; customary forests are state forests located in the territory of customary law communities.
The classification of customary forests into state forests has apparently caused many conflicts and disputes. This is because customary forests as state forests can easily lose their rights and management by the customary law community itself. So that conflicts arise between customary law communities and companies, individuals, even customary law communities and the central and regional governments.
Getting to Know Customary Forests Better
Customary forests as regulated through Ministerial Regulation No. 9 of 2021, concerning Social Forestry Management, explain that customary forests are forests located within the territory of customary law communities as well as the main actors with the aim of improving their welfare.
Then in Article 62 paragraph (1) customary forests can originate from state forests and non-state forests which have the main function of conservation, protection and/or production.
The release of customary forests from state forests also clarifies the status of customary forest rights, where the government and private companies cannot unilaterally claim and control customary forests belonging to customary law communities.
Then how is the determination of customary forest status regulated by the government?
Not all forests can be claimed by customary law communities as customary forest areas. Specifically, in addition to being determined through the PIAPS map made by the central government, customary forests come from state areas or outside state forest areas.
So, as long as there are still activities in which the customary law community collects forest products, and it is managed according to the local wisdom of the customary law community concerned, then the area can be designated as a customary forest area.
Not only that, customary law communities who can prove that they have been managing state forests for generations to meet their living needs, as long as they can show a letter legalized by the local village government, then the area can be designated as a customary forest area.
However, if there are cases of customary law communities located outside the state forest area, then the determination of customary forest areas will be based on regional regulations or decisions of the governor and/or regent/mayor in accordance with their authority.
