Author(s): Lego Karjoko, I Gusti Ayu Ketut Rachmi Handayani, Albertus Sentot Sudarwanto, Djoko Wahju Winarno, Abdul Kadir Jaelani, Willy Naresta Hanum
The existence of indigenous peoples has long been marginalized under state control. All of this ended with the Constitutional Court Decision Number 35/2012, which stated that customary forests are in the traditional territory and not in state forest areas. This study aims to analyze the impact of the Constitutional Court decision on forestry forest change and the risks of the Constitutional Court decision on strengthening indigenous forestry peoples' rights. The results showed that the disadvantage of the Constitutional Court decision against indigenous peoples was the recognition of the rights of indigenous peoples to their customary forests. However, this recognition requires the existence of a regional regulation stipulating customary law communities and their traditional territories, which have not yet been formed in Riau or Papua. At the empirical level, the Constitutional Court decision can also have negative implications, which the government strives to prevent and prevent.