1

Malinau District Regulation (Peraturan Daerah Kabupaten Malinau No.10/2012) on the protection of Customary Communities. Issued in October 3rd, 2012.

This regulation is one of inititative rights of Malinau House of Representative (DPRD) Malinau with Indonesian National Commission for Human Rights (Komnas HAM) and AMAN (Aliansi Masyarakat Adat Nusantara / Indigenous People Alliance of the Archipelago).

2

Indonesian Constitutional Court Ruling (MK35/PUU-X/2012) allows for the re-categorisation of customary forest (hutan adat) from ‘state forest’ ( hutan negara) to ‘forest subject to rights’ (hutan hak) as described in Article 6 of the 1999 Forestry Law.

Categorisation as ‘forest subject to rights’ (hutan hak) involves a recognition of community rights to land and resources, although forest areas remain under the jurisdiction of the Ministry of Forestry, and the assignment of rights must be renewed every 20 years.

District Head (Bupati) Regulation on the Malinau District’s Management Agency for Customary Community Affairs was issued in November 19, 2014 (Peraturan Bupati Malinau No. 201/2014).

This regulation was issued in collaboration between Malinau District Government with Padi Indonesia, LP3M and The Asia Foundation.

A District Head (Bupati) Decree on the recognition and protection of Punan Long Adiu Customary Community (Keputusan Bupati Malinau No. 189.1/K.185/2017).

This decree grants Punan Adiu Community rights to protect and manage their customary forest.

5

Director General of Social Forestry and Environmental Partnership Regulation
(Peraturan Direktur Jenderal Perhutanan Sosial dan Kemitraan Lingkungan No. P.1/PSKL/Set/KUM.1/2/2016).

This regulation provides guidelines for indigenous communities to register their customary area through social forestry schemes. Punan Adiu complied the guidelines and submit an application for National Recognition and Protection of their community and the customary area.

Persistence and Hope