Determination of Indigenous Community's Forests as A Form of State Recognition of Customary Sovereignty

Forestry in Law Number 11 of 2020 concerning Job Creation has two major problems that change the basic character of the Forestry Law: abandoning the spirit of conflict resolution and forest resource conservation efforts. The emergence of provisions for "strategic areas" will be prioritized in accelerating the determination of forest areas with the aim of opening up investment space as much as possible. This study aims to examine the extent to which the precautionary principle is applied to address overlapping spatial planning, forest areas, and investment permits, and to assess the recognition of indigenous peoples’ forests as a form of state acknowledgment of customary sovereignty. This study also explores the dynamics of structural agrarian conflicts and the legal uncertainty surrounding customary forest determination.This study uses qualitative research methods through a normative juridical approach, analyzing various legal sources and academic literature relevant to the topic.The scientific novelty of this research lies in highlighting how the Job Creation Law structurally diminishes indigenous sovereignty over forests by prioritizing economic investment over legal certainty and customary rights. Furthermore, it offers a comprehensive legal argument advocating the application of the precautionary principle to restore a balance between economic interests, forest sustainability, and indigenous land rights.The results of the study conclude that investment interests, such as being given a smooth path and becoming a priority compared to the interests of forest conservation and state recognition of customary sovereignty over forests belonging to indigenous peoples, should apply the precautionary principle approach to addressing the overlapping issues between spatial planning, forest areas, and investment permits. Furthermore, structural agrarian conflicts are rooted in overlapping claims of forest tenure and ownership as well as the absence of state recognition of indigenous peoples and their living spaces which has an impact on the narrowing of the living space and management rights of indigenous peoples in customary areas. The latest existing regulations have not achieved legal certainty regarding the determination of forests belonging to customary law communities.