HuMa, Jakarta – “After the issuance of Constitutional Court Decision No. 35, HuMa Association, along with its 12 local partners, has been making efforts to push for the implementation of the decision,” said Head of Advocacy and Campaign Division of HuMa, Sisilia Nurmala Dewi. “The twelve local partners of HuMa include: Indigenous Peoples Network of Aceh, Akar Bengkulu Foundation, Qbar Association, Warsi Community-Based Organization, Young Indonesian Foresters, Bela Banua Talino Institute, Padi Indonesia, Wallacea Association, Indigenous Peoples Alliance of South Sulawesi, Bantaya Association, and Red and White Foundation.”

MK 35 refers to Constitutional Court Decision Number 35/PUU-X/2012. The decision mandates that customary forests are forests located within the customary law community territories. Prior to this decision, customary forests were considered state forests within the customary law community territories.

One of the initial steps to push for the implementation of Constitutional Court Decision No. 35, Sisil continued, is conducting research in 13 locations. “The research was conducted throughout February-October 2014,” she said, “One of the main objectives of the research was to examine the level of compliance of local legal products in 13 regions with the requirements stipulated by national legislation regarding the recognition of indigenous communities.”

The thirteen research locations are Seko in North Luwu Regency (South Sulawesi), Serampas in Merangin Regency (Jambi), Mukim Lango in West Aceh Regency (Aceh), Kasepuhan Karang in Lebak Regency (Banten), Ammatoa Kajang in Bulukumba Regency (South Sulawesi), Malalo Tigo Jurai in Tanah Datar Regency (West Sumatra), Margo Suku IX in Lebong Regency (Bengkulu), Ketemenggungan Desa Belaban Ella in Melawi Regency (West Kalimantan), Ngata Marena in Sigi Regency (Central Sulawesi), Lipu Wana Posangke in Morowali Regency (Central Sulawesi), Mukim Beungga in Pidie Regency (Aceh), Ketemenggungan Desa Tapang Semadak in Sekadau Regency (West Kalimantan), and Kampong Mului in Paser Regency (East Kalimantan).

“The research results in the 13 locations show that some regions already have local legal products (regulations, decrees) that affirm or establish specific customary law communities,” explained Sisil, “While others do not yet have such local legal products.”

Furthermore, there are two more areas that are still being assisted by HuMa and local partners, namely the Bela Banua Talino Institute in West Kalimantan in their advocacy process. “The current progress of recognizing these areas is still in the process of drafting academic manuscripts and regional regulations to be further discussed with the respective local governments,” Sisil clarified.

From these 13 locations, there are at least 5 priority areas to be designated as customary forests in 2015 by the Ministry of Environment and Forestry, namely Lipu Wana Posangke, Marga Serampas, Kasepuhan Karang, Ammatoa Kajang, and Ngata Marena. The designation of these priority areas is based on their readiness to meet the criteria for customary forest designation, as well as the readiness of community dynamics and the support of the respective local governments.