Preserving Land Rights in Forestry Areas

The Minister of Interior Affairs, Minister of Forestry, Minister of Public Works, and Head of National Land Agency have issued Joint Regulation No. 79 of 2014, PB.3/Menhut-11/2014, 17/PRT/M/2014, and 8/SKB/X/2014 on Acquisition Procedures for Land Located in Forestry Areas ( “2014 Joint Regulation”).

The 2014 Joint Regulation was issued to accommodate several decision made by the Constitutional Court, namely Decision No. 34/PUU-IX/2011, No. 45/PUU-IX/2011, and No. 35/PUU-X/2012,[1] which essentially obligates the government to preserve existing land rights located in forestry areas. Consequently, the 2014 Joint Regulation was issued to set out procedures for individuals, governmental institutions, social and religious entities and customary communities (collectively referred as “Applicants”)[2] to claim rights over land located in forestry areas.