The constitution, laws, and implementing policies have clearly recognized and protected Indigenous Peoples and their rights to natural resources. The Local Government of West Kalimantan (Pemda Kalbar) has committed to implementing the constitution. By April 2021, there have been 8 Regional Regulations (Perda) in 8 districts regarding the Recognition and Protection of Indigenous Peoples, and 29 Regent Decrees in 5 districts specifically recognizing and protecting Indigenous Peoples, with customary land covering 527,808.16 hectares and potential customary forests reaching 224,709.72 hectares. Meanwhile, there are 10 Ministerial Decrees from the Ministry of Environment and Forestry (SK KLHK) regarding the Designation of Customary Forests in 5 districts, with a total area of 14,105.30 hectares. Therefore, there are 210,604.42 hectares of Customary Forests in West Kalimantan that need technical verification by the Ministry of Environment and Forestry to obtain the Ministerial Decree on the Designation of Customary Forests.

Despite the policies that recognize and protect Indigenous Peoples, in reality, the sovereignty of Indigenous Peoples over natural resources has not been fully established. This is the situation faced by Indigenous Peoples in 5 villages in Melawi District, namely: Bunyau Village, Sungkup-Belaban Ella, Telue, Boyutn, and Karangan Panjang. Legally, the Melawi District Local Government has issued Regional Regulation No. 4 of 2018 concerning the Recognition and Protection of Indigenous Peoples in Melawi District. The recognition and designation of Indigenous Peoples in the 5 villages in Melawi District were reinforced by the issuance of the Regent’s Decree in 2019, covering a customary land area of 38,665.50 hectares and a potential customary forest area of 24,523.64 hectares. These Regent Decrees are village-specific, so there are 5 Regent Decrees for Indigenous Peoples in the 5 villages. Thus, legally, the existence of Indigenous Peoples in these 5 villages is legitimate, including their control over their customary land.

Of course, the process of issuing Regent Decrees regarding Indigenous Peoples in these 5 villages was not easy. This is because Regional Regulation No. 4 of 2018 in Melawi District is general in nature. Therefore, to implement this regulation, the Regent of Melawi issued Regent Decree No. 660/12/2019 on the Establishment of the Indigenous Peoples Committee. This committee is tasked with identifying, verifying, and validating the existence of Indigenous Peoples and their territories/forests. The committee’s findings are compiled into recommendations, which the Regent uses to issue the Regent Decree regarding Indigenous Peoples.

The Regional Regulation and Regent Decrees in Melawi District actually serve as the legal basis for the Ministry of Environment and Forestry to issue the Ministerial Decree to designate the customary forests owned by Indigenous Peoples in the 5 villages in Melawi District. However, as of now, over 2 years since 2019, the technical verification process of the customary forests in Melawi District by the Ministry of Environment and Forestry has not been concluded. In October 2019, LBBT together with the Indigenous Peoples’ Forest Coalition for Welfare (Koalisi HAK) of West Kalimantan held a Coordination Meeting on Customary Forests at the Provincial level. At that time, LBBT along with Indigenous Peoples and Koalisi HAK West Kalimantan reiterated to the relevant authorities to promptly conduct technical verification of the existing customary forests for which Regent Decrees have been issued in West Kalimantan.

Based on the lengthy process of technical verification of customary forests in West Kalimantan, especially in Melawi District by the Ministry of Environment and Forestry, LBBT together with Koalisi HAK Kalbar, in June 2020, engaged in focused discussions with the Head of the Provincial Department of Environment and Forestry (DLHK) of West Kalimantan. The essence of these discussions was for the Provincial Government, especially DLHK Kalbar, to support Indigenous Peoples who have obtained Regional Regulations and Regent Decrees, to undergo technical verification of their customary forests by the Ministry of Environment and Forestry. The outcomes of these discussions were conveyed by the Head of DLHK West Kalimantan to