areas of indigenous peoples, Presidential Decree
No.85/2007 that paved the way for the JSDN
should be withdrawn and replaced with the
Geospatial Information Act No. 4/2011.
This Geospatial Information Act states that
people have the right to produce thematic
maps or geospatial information. In this way, a
customary area participatory map can be taken
as a thematic map and thus becomes a vital
reference in managing Indonesian forests.
Another approach to getting indigenous peoples’
areas recognized at the national level is going
through the Indigenous People and Community
Conserved Territory and Area (ICCAs). These ICCAs
are composed of IP organizations, communitybased organizations and civil organizations
that support indigenous communities. They
get support from the ICCA Consortium, an
international association dedicated to promoting
the appropriate recognition and support to ICCAs.
During a 2013 workshop in East Kalimantan, the
importance of winning legal recognition of the
existence of indigenous peoples and their areas
was reiterated. Thus, every requirement and
procedure to obtain it must be secured.
Such legal recognition is encouraged in the form
of provincial government regulations, forest
management certifications, village/kampong
regulations and decision letters from the Ministry
of Forestry.
It was also agreed that participatory mapping/
documentation should be continued to accelerate
recognition, especially on the issue of peoplebased natural resources.
Meanwhile, efforts to strengthen areas managed
by indigenous peoples in Indonesia have emerged
68
in the last decade in the political process of
natural resources management.
One of them is the AMAN initiative to encourage
the development of regulation on IP management
areas at the national and regional levels.
At the national level, the Indonesian House of
Representatives is preparing the draft Act on
Recognition and Protection of IP Rights. The
draft cannot be separated from the political
efforts of IPs in the whole country to attain the
constitutional recognition and protection that
have not been provided by the government.
Parallel efforts for regulation and recognition
of indigenous peoples’ land rights are also
happening at the regional level.
Lebak, Kampar, Malinau Regency in North
Kalimantan Province have taken initiatives to
give recognition and protection to indigenous
peoples.
The Malinau Regency, for example, has issued a
regional regulation to legalize IPs’ areas. Through
the Malinau Regional House of Representatives,
IPs Groups and AMAN’s initiatives, Regional
Regulation No.10/2012 on Recognition and
Protection of IPs Rights in Malinau Regency was
issued at the end of 2012.
The Regional Regulation contains:
1. the principle in recognizing and protecting
IPs’ rights
2. instituting the position of IPs and their rights
of origin
3. IPs’ rights over land, area and resources
4. rights in development, spirituality and
culture, environment, autonomy, and rights
to exercise their customary law and court
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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