---

Constitutional Court Registrar Muhidin speaking at a national seminar, Tuesday (1/10) at Bandar Lampung University, Lampung. Photo by Humas MK/Bayu.

LAMPUNG, Public Relations of the Constitutional Court—The Constitutional Court (MK) collaborated with Bandar Lampung University (UBL) to organize a national seminar on "Optimizing the Role of Higher Education in the Implementation of Constitutional Court Decision Number 35/PUU-IX/2012 Regarding the Recognition of the Rights of Indigenous Peoples." Both institutions also signed a memorandum of understanding on the same day, Tuesday (1/10/2019) at the Postgraduate Department of Bandar Lampung University. 

Constitutional Court Registrar Muhidin spoke at the seminar. He revealed that the criteria of the indigenous peoples in the Constitutional Court\'s decision were in accordance with the development of the society. They been recognized based on laws as a reflection of the development of values that are considered ideal in today\'s society, both laws that are general and sectoral in nature, such as agriculture, forestry, fisheries, etc. as well as in bylaws.

"The substance of these traditional rights is recognized and respected by members of the community as well as the wider community, and does not conflict with human rights," he said. 

Decision Number 35/PUU-X/2012 concerning the Determination of Customary Forest Areas was ruled in a case petitioned by the Indigenous Peoples of the Archipelago (AMAN), the Kuntu Customary Law Community Unit, and Kasepuhan Cisitu Customary Law Community. "[In] the judicial review of the word ‘negara’ (state) in Article 1 number 6 of Law No. 41/1999 concerning Forestry, [the Court] ruled, ‘Customary forests are state forests within the territory of indigenous peoples,’" he explained before the seminar participants.

Muhidin added, in its legal considerations, the Court believes there has to be different treatments towards state and customary forests, so there should be a regulation on the state\'s right to control the state\'s forests and the state\'s rights to control the state\'s forests. "The state has full authority to regulate the designation, use, and legal relations that occur in state forest areas," he added. 

State authority on customary forests is limited to the extent of the authority included in customary forests. This customary forest is within the scope of rights in a territorial unit of customary law communities. According to the Constitutional Court, the Forestry Law, which included customary forests as part of state forests, neglect indigenous peoples\' rights and constitutes a violation of the Constitution. 

The implementation of the Court’s decision, among others are the Regulation of the Forestry Minister No. P.62/Menhut-II/2013 concerning Amendment to the Regulation of the Forestry Minister No. P.44/MENHUT-II/2012  concerning the Establishment of Forest Areas, Law No. 6 of 2014 concerning Villages, Regulation of the Home Affairs Minister No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Peoples, as well as the Regulation of the Minister of Agriculture and Spatial Planning (ATR) No. 10 of 2016 concerning Procedure for Establishing Communal Rights in the Land of Indigenous Peoples and Communities in Certain Areas.

Law lecturer of UNS Lego Karjoko explained that the equitable access to the use of natural resources for indigenous peoples based on article 33 paragraph (3) of the 1945 Constitution states that the state must realize the equal distribution of benefits of forest resources based on community participation.

To prevent legal oppression towards indigenous peoples by companies, forest use agreements must not be submitted with the agreement of the interested parties themselves. "The Government will provide provisions on the manner and conditions, so that it can meet justice considerations and prevent extortion," he said 

UBL law lecturer Lintje Anna Marpaung revealed that the higher education as an inseparable part of the administration of national education cannot be separated from the mandate of Article 31 paragraph (3) of the 1945 Constitution. "In order face world developments which increasingly prioritize the higher education, it is expected [that higher education] is able to play a strategic role in advancing civilization and the welfare of humanity," she said

The determination of the rights of indigenous peoples, she added, need local regulations/bylaws. This has been implemented in line with the principles of tertiary institutions with tri dharma through routine and sustainable the Government and community service in local government as regional autonomy activities. 

Thus, indigenous peoples, who seem to have been abandoned so far, will become productive and prosperous. "Specifically, each of the customary law communities themselves and what happens in the entire territory of the Republic of Indonesia will certainly accelerate the process of improving the welfare of all Indonesian people," she concluded. (Bayu/LA)

Translated by: Yuniar Widiastuti

---