Madika, Palu – The existence of customary forests in Central Sulawesi finally received recognition, after the Regional People’s Representative Council (DPRD) of Central Sulawesi established a Regional Regulation (Perda) on the Provincial Spatial Planning Plan (RTRWP) for the period 2023-2042.
The regulation officially recognizes customary forests as a Provincial Strategic Area (KSP) with important socio-cultural values.
This recognition is the result of a series of advocacy efforts carried out by various civil society organizations (OMS) concerned with the traditional rights of customary law communities.
Since the beginning of 2023, OMS has conducted intensive consolidation and advocacy activities to push for the integration of customary forests in the RTRWP document.
In March, a study of the draft regional regulation involving the Spatial Planning Division of the Central Sulawesi Regional Spatial Planning Agency (BMPR) was conducted.
Throughout April, the KARAMHA Team (Customary Law People’s Advocacy Unit) prepared an Urgency Policy Paper for the inclusion of Customary Forests in the Central Sulawesi RTRWP.
“The policy paper was then submitted to the DPRD leaders and the RTRWP Special Committee during an audience held on May 22, 2023,” said Amran Tambaru, Director of the Red and White Foundation, in a written statement.
The advocacy struggle for customary forests reached its peak when the Plenary Session of the DPRD of Central Sulawesi approved the Regional Regulation on the RTRWP of Central Sulawesi for the period 2023-2042.
The regulation explicitly acknowledges the presence of customary forests as a Provincial Strategic Area with important socio-cultural values for customary law communities.
The state’s recognition of customary forests as a provincial strategic area is an implementation of the constitutional mandate that recognizes and respects the traditional rights of customary law communities as stipulated in Article 18B paragraph (2) of the 1945 Constitution.
“In Constitutional Court Decision No. 35/PUU-X/2012, customary forests are defined as forests within the territory of customary law communities, meaning that customary forests are no longer state forests,” Amran continued.
The inclusion of customary forests in the Central Sulawesi RTRWP is also a response to the earthquake disaster that occurred on September 28, 2018, resulting in a tsunami and liquefaction.
This disaster has accelerated the process of revising the RTRWP by emphasizing the importance of sustainability and preservation of customary forests.
Despite significant regulatory changes following the issuance of Law No. 11 of 2020 concerning Job Creation that affect the RTRWP revision process, the DPRD of Central Sulawesi remains consistent by referring to current regulations and taking necessary steps to accommodate the presence of customary forests as provincial strategic areas.
“This recognition is expected to provide better protection for customary forests and customary law communities in Central Sulawesi, and to promote sustainable environmental conservation,” he concluded.
Referring to Article 57 of this Central Sulawesi RTRWP regulation, there are six customary forests included in the Provincial Strategic Area with a total area of 17,501 hectares.
These customary forest locations are spread across two regencies, with one location in North Morowali Regency (Wana Posangke) and five locations in Sigi Regency (Marena, Masewo, Moa, Lindu, and Toro).
The inclusion of customary forests as KSP in the RTRWP fundamentally signifies that the DPRD together with the Central Sulawesi Provincial Government recognizes and respects the existence of Indigenous Peoples along with their traditional rights (customary forests).
Another significance is that Central Sulawesi becomes the first province in Indonesia to strategically position customary forests in its Spatial Planning Policy, and legalize them within the legal framework of provincial-level regulations.
This means that in the future, the collaboration between local governments and civil society will serve as a reference for other provinces to learn from and exchange experiences regarding the advocacy process of incorporating customary forests into RTRWP. (**)
source: media source: Sulteng Customary Forests Recognized as Provincial Strategic Areas in RTRWP 2023-2042 –
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