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Indigenous Forest in Indonesia: Motives of the Regulation Before and After the Indonesia’s Independence

Edy Ikhsan ,Robert ,Cheryl Patriana Yuswar ,Rosnidar Sembiring
Keywords: Customary Law; Indigenous Forest; Motives; Indonesia; Regulation ,

Abstract

The protection of customary forests is far from satisfactory, even though customary
forests have an important meaning for indigenous peoples who still exist in Indonesia today.
Based on this reason, this article will highlight and analyze social, political, economic and
legal motives in regulating the protection of customary forests in Indonesia. This article uses
normative research methods with a combination of historical research, legal politics and the
smoothing and analysis of legal documents. The results of the study show that the rule of
law governing customary forests in Indonesia still tends to be repressive and ignores the
rights of indigenous peoples. Recognition of indigenous peoples' rights to customary forests
from pre-proclamation to the present, both from social, political, economic and legal motives
has always led to a shrinkage of the positions and interests of indigenous peoples. Thus, it
is recommended that the government as a representative of the state to establish a legal
regulation that is more responsive to the needs of indigenous peoples for customary forests
by placing indigenous peoples' rights to customary forests as part of Human Rights.