New Provisions on Customary Forests

The Minister of Forestry (“Minister”) has issued Regulation No P.62/Menhut-II/2013 (“Amendment”) to amend Ministerial Regulation No. P.44/MENHUT-II/2012 on Determination of Forestry Areas (“Regulation 44/2012”).

The Amendment is a response to the Constitutional Court judicial review Decision No. 35/PUU-X/2012 dated 16 May 2013, on Article 5 (1) of Law No. 41 of 1999 on Forestry (“Decision”). The Decision held that customary forests are no longer considered as State Forests and grants indigenous communities the right to manage their forest areas.[1]