Transformation of the Rights of Indigenous Peoples in Forest Governance: Legislation Perspective

Abstract

The existence of customary community is recognized in some Indonesia laws, including the existence of the customary forests. Those laws are the Ministry of Forestry to recognize the existence of indigenous peoples in the Forestry Minister's Regulation No. 62 / Menhut-II / 2013 concerning Amendments to Forestry Minister's Regulation No.P.44 / Menhut-II / 2012 concerning Inauguration of Forest Areas (Official Gazette of the Republic of Indonesia of 2013 No. 1364), the Law No. 6 of 2014 concerning Villages (State Gazette of the Republic of Indonesia of 2014 No. 7), the Minister of Agrarian and Spatial Regulation / Head of National Land Agency No. 9 of 2015 concerning procedures for establishing communal rights over land of customary law communities and communities within a certain area (State Gazette of the Republic of Indonesia of 2015 No. 742), and the Constitutional Court Decision. The process of transformation of the indigenous peoples into national life is not easy if it relates to the substance of their respective existence, either the essence of indigenous peoples and the essence of national life. Regarding the various conceptions of this state law, the transformation of indigenous peoples will be related to the national regulatory system as a rule of law. Regarding the rights of indigenous peoples in environmental management and forest conservation, this cannot be separated to the idea of development of environmental law based on rights theory influenced by moral or ethical philosophy.

Keyword: Transformation; the Indigenous People Rights; Forest Governance.