Legal Protection of Indigenous Peoples Within The Social Forestry Scheme A Study of Commercial Licensing in The Pubabu Customary Forest Area, East Nusa Tenggara

This study investigates the legal protection of Indigenous Peoples in Indonesia under the Social Forestry (SF) scheme, with a particular focus on the issuance of commercial permits in areas not yet designated as Customary Forests. Using the Pubabu Customary Forest conflict in East Nusa Tenggara as a case study, the research demonstrates how overlapping legal jurisdictions and weak implementation of indigenous rights frameworks have resulted in structural injustice. Although the Constitutional Court Decision No. 35/PUU-X/2012 and Article 18B(2) of the 1945 Constitution affirm Indigenous Peoples' rights to customary forests, the designation process remains bureaucratically slow. During the prolonged verification phase, state and local authorities often issue business licenses, such as ecotourism and plantation permits, without fulfilling the Free, Prior, and Informed Consent (FPIC) principle. The case of Pubabu reveals the consequences of this legal gap, where PT. Aya Kaki Langit received a commercial license in 2018 despite an active customary forest application process since 2015. This led to deforestation, loss of biodiversity, and restricted community access to essential resources like springs and food forests. The study employs a normative legal method supported by legal pluralism theory and the precautionary principle. It argues that Indigenous Peoples’ customary legal systems should be integrated into national forestry policy, and commercial licensing in proposed customary territories should be suspended until legal certainty is achieved. The research concludes with three policy recommendations: enacting a national moratorium on permits in disputed areas, sanctioning violations of FPIC, and recognizing customary institutions in forest governance. These findings underscore the need to align Indonesia’s forestry regulations with international human rights obligations and ensure that Indigenous Peoples are treated as equal legal subjects within the environmental decision-making process.