25. The Indonesian Government, particularly the Minister of Environment and Forestry, Minister of Energy and Mineral Resources, Head of the National Land Agency (BPN), regional governments, and district heads, have the authority to lease state lands to corporations and government bodies through concessions and/or tenurial rights. Many land and natural resources concessions take the form of logging, mining, plantations, conservation schemes, transmigration and infrastructure projects located within adat lands and territories. As large-scale investments on land concessions encroached on the lands of rural communities, land speculation activities became widespread. As a result many local communities were alienated from their lands with little benefits from the projects. In summary, there is a long history of grievances and conflicts related to land and concessions in Indonesia, which continue to pose serious challenges for the country. Komnas HAM identified increasing recognition that improved land tenure and protection of the customary rights of the masyarakat adat are critical to the country’s conflict prevention and inclusive development. 26. There are various processes through which their customary lands and forests are officially recognized. The first legal process is recognition of the masyarakat adat or masyarakat hukum adat (indigenous communities). According to several laws and regulations and legal practices, the legal recognition may be ruled through (1) a general district or provincial regulation for all indigenous communities within its jurisdiction, (2) a specific district or provincial regulation for a particular community, (3) an administrative decree, (4) Court decision, and (5) a legal contract. Moreover, the process for legal recognition of customary lands and forest which are located within designated forest areas are more complicated. The process become more difficult once the forest areas already gazette or legalized. Following the legal recognition of the communities, The District Head should submit a recommendation letter over the status of the lands and forests to the Ministry of Environment and Forestry. Then the Minister will make the final decision. Komnas HAM identified several customary lands and forest recognition by various district governments, however the number of benefitted communities and total designated areas far too small compare to the overall populations and the land they claim. 27. In addition to contested claims between indigenous peoples and state institutions over natural resources, there are many more land conflicts affecting other local communities in Indonesia. Komnas HAM receive more than six thousands complaints annually, and the land issues have been the highest number among many other complaints.27 Some of the land cases were reported by indigenous communities, other local communities and retired government officers (including military personnel and police officers). The types of land issues are ranging from land grabbing (including customary lands), individual land conflicts to execution of court’s decision over land cases. 28. Komnas HAM welcomes the initiative of the Parliament to propose the Draft Law on Masyarakat Hukum Adat. The Draft Law was listed in the Indonesian National Legislation Program 2013 and remains in the list up to date.28 However, Komnas HAM identified insufficient seriousness of the 27 Komnas HAM, National Inquiry on the Rights of Masyarakat Hukum Adat on Their Territories in the Forest Zones, 2016, p. 1 – 3, can be accessed at: https://www.komnasham.go.id/files/20160530-inkuiri-nasionalkomisi-nasional-$N60YN.pdf. And the English language Executive Summarty can be accessed at: https://www.komnasham.go.id/index.php/publikasi/2016/06/01/1/national-inquiry-on-the-right-ofindigenous-peoples-on-their-territories-in-the-forest-zones.html. 28 DPR RI (National Parliament), Lawmakers Push for Draft Law on Masyarakat Hukum Adat to Accommodate Their Interests, 2 September 2021, can be accessed at https://www.dpr.go.id/berita/detail/id/34421/t/Legislator+Dorong+RUU+MHA+Mengakomodasi+Kepentingan +Masyarakat+Adat.