MidLand, Jakarta – The vice-presidential debate on Sunday 21 January 2024 shared the views of Muhaimin Iskandar (Cak Imin) Gibran Rakabuming and Mahfud Md regarding the issues of energy, natural resources (SDA), food, carbon tax, environment , agrarian affairs and indigenous communities. These arguments then gave rise to several terms mentioned by the three vice presidential candidates customary land, customary lands, customary forests and state forests. These terms emerged and became one of the focuses of their discussion.
One of these was expressed by vice presidential candidate Mahfud MD who touched on the definition of customary forests and state forests. Mahfud said the definitions of these terms should be separated. According to him, the definition of customary forest used often excludes communities themselves.
“Because the definition of customary forest that is often used today often excludes indigenous people from their living environment,” Mahfud said.
Not just customary and state forests. Discussions relating to this also refer to terms such as “customary” land and “ulayat”. The presence of these terms reflects the complexity of the relationship between man and his environment, in particular those linked to land ownership and natural resources.
Therefore, it is necessary to know what the actual meaning of each term mentioned by the vice presidential candidates is so that we can provide an objective assessment of the participants in this election. The following is an explanation regarding customary lands, customary lands, customary forests and state forests that are important to know.
1. Customary land
Customary land is land or a certain territorial area comprising all the natural resources in that area, which is then declared self-claimed, whether or not recognized by the government.
This means that as long as there are community groups who claim their land as their own, under their control which is governed by local customary legal rules, it can be said to be customary land. In practice, people are allowed to exploit natural resources, including land in the area, to support their survival.
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2. Land of Ulayat
Draft customary land closely linked to the customary territory. Ulayat is a piece of customary land recognized for generations as belonging to a customary community or tribal group. Customary land is defined as the authority of a customary law community to jointly regulate the use of land, territory and natural resources in the territory of the affected customary law community, which is also a source of life and livelihood.
3. Customary forest
Quoting from the site Mkri.idArticle 18B, paragraph 2, of the 1945 Constitution and Article 28I, paragraph 3, provided for the recognition and protection of the existence of usual forest in unity with the customary rights area of a customary law community.
This is a consequence of recognizing customary law as “living law” which has been going on for a long time and continues today. Based on this, the Constitutional Court finally decided that customary forests are forests that are located in the territory of customary law communities. Therefore, customary forests are not state forests found in the territory of customary law communities.
4. State forest
Reported by the page Dpr.go.id, State forests are all forests that grow on non-owned land. This means that forests growing or planted on lands granted to the Swatantra region with usage or management rights have the status of state forests.
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