Forestry law, masyarakat adat and struggles for inclusive citizenship in Indonesia

Authored by: Noer Fauzi Rachman , Mia Siscawati

Routledge Handbook of Asian Law

Print publication date:  November  2016
Online publication date:  November  2016

Print ISBN: 9780415659406
eBook ISBN: 9781315660547
Adobe ISBN: 9781317337409


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On 16 May 2013, the Constitutional Court of the Republic of Indonesia ruled that customary forests (hutan adat) were no longer to be regarded as part of state forests (hutan negara). The Court ruled to delete the word ‘state’ from article 1.6 of Forestry Law No. 41 of 1999. The article now reads ‘Adat forests are state forests located in the territory of customary law communities (masyarakat hukum adat)’. The ruling determines the category of forest to which a ‘customary forest’ (hutan adat) belongs. ‘Customary forest’ has been removed from the category of ‘state forest’ (hutan negara), and moved into ‘forest subject to rights’ (hutan hak). The Constitutional Court ruling in Case 35/PUU-X/2012 is a landmark achievement for the forest reform process in Indonesia.

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