Progressive Law and Legal Discourse on the Determination of Customary Forests

Abstract

Customary forests play a vital role in the lives of indigenous and tribal peoples. The Constitutional Court's Decision No. 35/PUU-X/2012 represents a significant advancement by declaring that customary forests are no longer considered part of state forests. However, despite this ruling, indigenous peoples still face lengthy processes to secure their rights. This article aims to analyze the legal discourse surrounding the determination of customary forests. Employing doctrinal research methods along with statutory and conceptual approaches, it reveals that the designation of customary forests is critical for implementing the constitutional rights of customary law communities, which existed prior to Indonesia's establishment as a sovereign nation. The protracted and procedural nature of establishing customary forests necessitates robust support from regional governments through progressive policies that empower indigenous peoples to exercise sovereignty over their customary forests. Grounded in a legal philosophy that prioritizes human welfare, progressive law provides a framework that can guide the development of effective legal policies for the establishment of customary forests at the regional level.

Keywords

• customary forest
• constitutional rights
• progressive law