Through its decision number 35/PUU-X/2012 (“MK 35”), the Constitutional Court (MK) made corrections to Law Number 41 of 1999 concerning Forestry (“Forestry Law”). The decision essentially states that customary forests are not part of state forests but are part of customary forests.

Furthermore, the Forestry Law states that customary forests are forests located on land burdened with land rights. Therefore, customary forests consist of forests located on individual/corporate land as well as forests located within customary law community areas.

MK 35’s decision also corrected Article 5 paragraph (3) of the Forestry Law to read, “The government determines the status of forests as referred to in paragraph (1); and Customary Forests are designated as long as according to the fact that the respective Customary Law Communities still exist and are recognized for their existence.”

Following the MK 35 decision, the Minister of Forestry responded by issuing Circular Letter No. 1 of 2013, which explains that the Minister of Forestry will implement the MK 35 decision by recognizing customary forests, while still requiring regional regulations as the basis for recognizing customary law communities.

Meanwhile, research results from 15 locations indicate that some regions have provided recognition, but the majority could not answer the implementation of the MK 35 decision. The 15 research locations are: 1). Seko in North Luwu Regency, South Sulawesi; 2). Marga Serampas in Merangin Regency, Jambi; 3). Mukim Lango in West Aceh Regency, Aceh; 4). Kasepuhan Karang in Lebak Regency, Banten; 5). Ammatoa Kajang in Bulukumba Regency, South Sulawesi; 6). Malalo Tigo Jurai in Tanah Datar Regency, West Sumatra; 7). Margo Suku IX in Lebong Regency, Bengkulu; 8). Ketemenggungan Desa Belaban Ella in Melawi Regency, West Kalimantan; 9). Ngata Marena in Sigi Regency, Central Sulawesi; 10). Lipu Wana Posangke in Morowali Regency, Central Sulawesi; 11). Mukim Beungga in Pidie Regency, Aceh; 12). Ketemenggungan Desa Tapang Semadak in Sekadau Regency, West Kalimantan; 13). Kampong Mului in Paser Regency, East Kalimantan; 14). Sila Oinan in Mentawai Regency, West Sumatra; 15). Saurenuk in Mentawai Regency, West Sumatra.

During the research period, on October 17, 2014, a Joint Regulation was issued by the Minister of Home Affairs, Minister of Forestry, Minister of Public Works, and Head of the National Land Agency of Indonesia, Number 79 of 2014, Number PB.3/Menhut-11/2014, Number 17/PRT/M/2014, Number 8/SKB/X/2014, regarding Procedures for Resolving Land Ownership within Forest Areas (Perber).

This Perber is related to the Joint Memorandum of Understanding (NKB) of 12 Ministries and Institutions together with the Corruption Eradication Commission (KPK) for accelerating the establishment of forest areas in Indonesia.

Based on these matters, a Policy Paper on Release of State Forests towards Customary Area Registration was prepared. The policy paper was prepared