Climate Crisis Underscores Urgent Need for Indigenous Rights Law

 

The climate crisis has unleashed devastating impacts across all segments of society, and indigenous communities are no exception. Often serving as the frontline guardians of forests and surrounding ecological landscapes, these communities nonetheless face an uphill battle in securing formal recognition of their ancestral land rights. This pressing issue took center stage at the People’s Summit: Main Outcomes and Action Agenda towards a Climate Justice Future, held at the Ford Foundation Pavilion during the Conference of Parties (COP) 30 in Belem, Brazil, on Monday, November 17th.

According to data from the Indigenous Peoples’ Territory Registration Agency (BRWA) as of August 2025, a substantial 33.6 million hectares of indigenous territories across 1,963 communities have been participatively mapped. These vital lands are distributed across 180 regencies/cities and 32 provinces in Indonesia, highlighting the extensive presence and cultural significance of indigenous lands.

Despite the widespread mapping efforts, official state recognition remains notably limited. Out of the vast mapped areas, a mere 354,257 hectares of customary forests have been formally returned by the government to indigenous communities. An analysis of land cover further illustrates the ecological significance of these indigenous territories: approximately 24 million hectares remain intact forest, 8 million hectares are designated for rehabilitation, and 1 million hectares have already suffered degradation.

“Indigenous communities have made concrete contributions to safeguarding forests, biodiversity, and ecosystems for climate change mitigation,” stated Aria Sakti Handoko, Head of Advocacy, Research, and Cooperation at BRWA. He added, “Yet, they are also the ones who suffer most from climate change.” Handoko elaborated on the direct impacts of climate change on indigenous communities, citing instances ranging from crop failures and the disappearance of hunted wildlife to an alarming increase in plant diseases. Consequently, he emphasized that strengthening the adaptation capacity of indigenous communities must become a cornerstone of the global agenda, particularly within the frameworks of the Global Goal on Adaptation and Loss and Damage mechanisms.

In a significant step towards transparency and data standardization, BRWA launched its Digital Platform for Indigenous Peoples’ Territory Registration in March 2020. This platform serves as a national hub for validating spatial and socio-cultural data pertaining to indigenous communities. The GIS-based system is designed to enable standardized and verified data, which is crucial for supporting the intricate process of land recognition. Sakti expressed optimism about the platform’s future, stating, “Our platform was developed to transparently show the progress of each type of recognition. We hope that one day, if legal protection for indigenous communities in Indonesia needs to be stronger, this system can be officially adopted by the government.”

The Importance of Endorsing the Indigenous Peoples Bill

Abdi Akbar, Director of Political Participation Expansion for Indigenous Communities at the Indigenous Peoples Alliance of the Archipelago (AMAN), noted that the recognition system for customary law has seen considerable development since its inception in 2016. He revealed that there are currently 461 local legal products pertaining to the recognition of indigenous communities, demonstrating a decentralized yet fragmented approach to their rights. “What we await is concrete action, not just commitment,” Akbar asserted, underscoring the gap between existing legal frameworks and their effective implementation.

Akbar identified bureaucratic complexity as the primary impediment to securing indigenous land rights in Indonesia. He explained that indigenous communities are forced to navigate through five distinct legal pathways to gain recognition. These include recognition from local governments, the Ministry of Forestry for customary forests, the Ministry of Agrarian Affairs and Spatial Planning (ATR) for communal land, and the Ministry of Marine Affairs and Fisheries for coastal areas and small islands. Furthermore, there is the challenge of integrating into the One Map Policy through the Geospatial Information Agency (BIG). “The current situation for indigenous communities is like being in a labyrinth with many rooms,” Akbar vividly described.

Given this convoluted landscape, Akbar posited that the most effective constitutional solution to address the overlapping jurisdictions and bureaucratic hurdles is the endorsement of the Indigenous Peoples Bill (RUU Masyarakat Adat). “That law will eventually break through all bureaucratic obstacles,” he confidently stated, highlighting the transformative potential of comprehensive legislation.

Government’s 1.4 Million Hectare Target

Yuli Prasetyo Nugroho, Head of the Sub-directorate for Customary Forest and Rights Forest Determination at the Ministry of Environment and Forestry (PKTHA Directorate), outlined the multi-faceted objectives behind the designation of customary forest status. These goals encompass ensuring community security, conserving ecosystems, forests, and the environment, and providing protection for local inhabitants. Moreover, the official recognition of customary forests serves as a critical instrument for conflict resolution, especially in light of numerous disputes in forest areas between communities and other parties, including forestry institutions within local governments.

While the customary recognition program commenced in 2016, its initial achievements were limited. However, the situation began to shift in 2022 when the government fostered collaboration with various stakeholders to accelerate the designation of customary forests. “We also have regulations concerning customary forests. The first is a ministerial decree, then we have a government decree. We also have [regulations on] accelerating the designation process [of customary forests],” Yuli explained, indicating a legislative framework designed to streamline the process.

The Ministry of Environment and Forestry has been actively verifying the return of customary rights to communities. To further expedite this crucial program, the government plans to intensify collaboration with civil society organizations. Yuli also highlighted a concerning reality: many indigenous territories face significant pressure due to business concessions and other forms of forest exploitation. “We are targeting 1.4 million hectares of customary forests in 15 regions and 30 cities by 2030. The process for these 1.4 million hectares is already prepared for verification,” Yuli affirmed, outlining an ambitious goal to secure and protect these vital lands.

Summary

The climate crisis profoundly impacts indigenous communities, who serve as frontline guardians of forests yet struggle for formal recognition of their ancestral land rights. In Indonesia, 33.6 million hectares of indigenous territories across 1,963 communities have been participatively mapped, but official state recognition remains limited to a mere 354,257 hectares of customary forests. These ecologically significant lands contribute substantially to climate change mitigation, yet indigenous communities suffer disproportionately from climate impacts like crop failures and biodiversity loss.

Bureaucratic complexity, involving multiple government agencies and legal pathways, is a primary impediment to securing indigenous land rights. Advocates assert that the endorsement of the Indigenous Peoples Bill (RUU Masyarakat Adat) is crucial to overcome these hurdles and provide comprehensive legal protection. Despite the challenges, the Ministry of Environment and Forestry aims to designate 1.4 million hectares of customary forests by 2030, enhancing collaboration with civil society to expedite this vital program.

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