Advokasi Pengakuan Hutan Adat MHA Benuaq Madjaun dan Benuaq Telimuk

Summary

In East Kalimantan, indigenous communities are striving for the recognition of their customary forests (hutan adat) and ancestral lands amidst growing industrial pressures like mining and plantations. With over 180 communities seeking legal acknowledgment, only a few have succeeded. Support from local governments, NGOs, and academic institutions, such as Universitas Indonesia, is helping communities navigate complex legal processes. The ultimate goal is to preserve cultural heritage, secure environmental sustainability, and gain formal recognition for customary forests, ensuring future generations can thrive in harmony with nature.

Takeaways

• 😀 The script highlights the recognition process for indigenous communities and forest rights in East Kalimantan, focusing on both formal and informal legal recognition.
• 😀 There are 189 indigenous communities in East Kalimantan that meet criteria for recognition, with only a few formally acknowledged by the government.
• 😀 The formal recognition process has resulted in the legal acknowledgment of six indigenous communities in East Kalimantan, with two in Pasir and four in Kutai Barat.
• 😀 A major challenge for indigenous communities is the overlapping of indigenous land and areas used for commercial purposes, such as mining and plantations, leading to land disputes and conflicts.
• 😀 The recognition process also involves clarifying territorial boundaries, which can be complex due to historical disputes and undefined administrative boundaries.
• 😀 Universities, such as Universitas Indonesia (UI), are actively supporting the legal recognition of indigenous communities and their forest territories, particularly through community engagement and legal aid.
• 😀 The community of Kampung Penarung in Kutai Barat, for example, has been fighting for legal recognition since 2012, successfully obtaining recognition from the local government in 2021.
• 😀 Indigenous people, such as those in Kampung Penarung, depend heavily on traditional land use, including farming, hunting, and gathering, to sustain their livelihoods.
• 😀 A specific environmental focus is on the conservation of the Ulin tree, a unique species that grows in the region and holds significant cultural importance for the indigenous community.
• 😀 There is a broader expectation that the legal recognition of indigenous communities and their territories will be a model for other regions, particularly with the new developments in the capital city of Nusantara (IKN), which could bring national attention to these issues.

Q & A

What is the current status of indigenous communities in East Kalimantan regarding formal recognition?

In East Kalimantan, there are approximately 189 indigenous communities that meet the criteria for recognition under certain regulations, but only six communities have been formally recognized as of now.

How does the legal recognition of indigenous communities relate to forest recognition in East Kalimantan?

The legal recognition of indigenous communities is closely linked to the recognition of their ancestral forests. For instance, two indigenous communities have received official recognition for their forest areas, and there are additional efforts to parallel community recognition with forest rights.

What are the major challenges faced by indigenous communities in East Kalimantan?

One major challenge is the conflict over land, particularly because many ancestral lands overlap with areas targeted for investments like mining and plantations. These conflicts often arise from territorial claims and unclear boundaries.

Why are issues related to land and territory so complex in East Kalimantan?

The complexity arises from historical conflicts, such as territorial disputes between tribes, and the lack of clear regulations regarding administrative and customary boundaries. This makes the process of legal recognition for indigenous communities more difficult.

What role does the Faculty of Law, University of Indonesia (UI), play in supporting indigenous communities in East Kalimantan?

UI’s Faculty of Law is involved in community service programs aimed at supporting indigenous communities, helping them secure legal recognition for their ancestral forests, and collaborating with local government and NGOs for better empowerment.

What are some of the specific indigenous communities mentioned in the transcript, and what is their significance?

The transcript mentions the 'Benua Telimuk' community in Kampung Penarung, which has been striving for legal recognition of its customary law and forest area since 2012. Their efforts highlight the community’s commitment to preserving culture and maintaining the environment.

How has the Kampung Penarung community been involved in the recognition process?

Kampung Penarung's community, led by the indigenous leader Jaya, has been advocating for the recognition of their customary law and forest rights, successfully securing official recognition from the Kutai Barat district in 2021.

What is the significance of the Ulin tree mentioned in the transcript?

The Ulin tree is a symbol of the Kampung Penarung community's cultural heritage, with the largest tree in Kutai Barat having a diameter of 2 meters and an estimated age of 400 years. It is considered a vital part of the community’s traditional practices and forest preservation efforts.

What is the community’s view on the connection between adat (customary law) and forest protection?

The community views adat as fundamental to their survival, seeing their forest as life itself. They emphasize the importance of preserving their forest and traditional practices for future generations.

What expectations does the Kampung Penarung community have from the government and NGOs?

The community expects continued support from both the central and provincial governments, as well as NGOs, to secure legal recognition of their ancestral forests and to ensure the sustainability of their traditional livelihood practices.