Constitutional Court Decision No. 35 of 2012 shows that there has been neglect of the rights of Indigenous Peoples in Indonesia. The Constitutional Court decision reaffirms that customary forests are no longer state forests. It also indicates a disregard for the recognition of Indigenous Peoples as legal subjects, where the recognition of Indigenous Peoples must go through Regional Regulations at the District level, following the provisions of Law No. 41 of 1999 concerning Forestry. Therefore, the struggle of Indigenous Peoples to obtain their rights must go through Regional Regulations or through the Regent’s Decree, as stipulated in the Ministry of Home Affairs Regulation No. 52 of 2014 concerning Guidelines for Recognition and Protection of Customary Law Communities.

Through the formation of local legal products, such as Regional Regulations or Regent’s Decrees, it is hoped that the marginalization of Indigenous Peoples’ rights to natural resources and the environment can be eliminated, and the local Regional Government can take strategic steps to support efforts to accelerate the recognition and protection of the rights of Indigenous Peoples, as well as strengthen and empower Indigenous Peoples.

Efforts to advocate for the recognition and protection of Indigenous Peoples’ rights are not easy. AMAN Sulsel together with AMAN Sinjai continue to provide assistance to the rights of Indigenous Peoples, both through litigation and non-litigation. AMAN Sulsel together with AMAN Sinjai continue to make various efforts to push for a Regional Regulation that accommodates Indigenous Peoples in Sinjai District.

The struggle of Indigenous Peoples in Sinjai District finally received serious attention from the Sinjai District Local Government and the Sinjai District DPRD (Regional People’s Representative Council). On November 23, 2017, the Draft Regional Regulation (Raperda) concerning the Recognition and Protection of Indigenous Peoples’ Rights in Sinjai District entered the Regional Regulation Formation Program (Propem Perda) 2018, initiated by the Sinjai District DPRD. And on December 20, 2018, the draft was enacted into a Regional Regulation.

Regional Regulation No. 1 of 2019 concerning Guidelines for Recognition, Protection, and Empowerment of Customary Law Communities in Sinjai District, serves as a legal basis for the Sinjai District Local Government to establish/confirm Indigenous Peoples in Sinjai District through the Regent’s Decree, as a legal requirement for Indigenous Peoples to push for the establishment of customary forests in their customary territories, through the Minister of Environment and Forestry’s Decree.

Currently, there are 3 (three) Indigenous Peoples Communities in Sinjai District, namely the Karampuang Indigenous Community, the Barambang Katute Indigenous Community, and the Soppeng Turungan Indigenous Community. All three are registered members of the Indigenous Peoples Alliance of the Archipelago (AMAN).

In an effort to disseminate information and knowledge, as well as gather academic thoughts, a revitalization of customary law as the basis for national law formation is needed, and instrumentally, it serves as a gateway for the restoration of Indigenous Peoples’ rights to a broader range of natural resources.

Based on the reasons above, AMAN Sulsel together with AMAN Sinjai, invite the Indonesian Legal Aid Foundation (HuMa), as an experienced institution that has been actively involved in advocating for customary forests, to organize a Public Lecture event with the theme “The Role of Customary Law Communities in Climate Change Mitigation Through the Implementation of Sinjai District Regional Regulation No. 1 of 2019 on Guidelines for Recognition, Protection, and Empowerment of Customary Law Communities”.

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