Asia,1 there is still disagreement as to whether the masyarakat adat or masyarakat hukum adat are exactly equal to „indigenous peoples‟ that defined in the international concern for indigenous peoples, as it is perceived throughout the United Nations system. Several government institutions, including the President and Ministry of Environment, also use the term “indigenous peoples” as the English translation of masyarakat adat or masyarakat hukum adat in the official documents. There is not any official data stating the number of population of the indigenous peoples in Indonesia. The Alliance of Indigenous Peoples‟ of the Archipelago (Aliansi Masyarakat Adat Nusantara, hereafter called as AMAN) estimated approximately 50 million to 70 million of the 240 millions overall populations in Indonesia. 9. Traditional land rights (hak ulayat) generally refer to rights under adat systems, which include aspects of: i) use and conservation of land, ii) access to water and other resources, and iii) land transfer and exchange. While variations exist among different communities, the common belief is that lands are jointly owned by their individual owners and by the communities. However, these rights are usually not supported by legal titles and few maps exist showing clear boundaries of the lands covered by these rights; as such, they are difficult to enforce in the formal legal systems. 10. The term masyarakat adat is not used in most Indonesian legal documents, except in the Special Autonomy Law of Papua No. 21/2001, the Oil and Gas Law No. 22 of 2001 and the Coastal and Small Islands Management Law No. 27 of 2007. On the other hand, the term masyarakat hukum adat (adat law community) is found in several laws including the 1945 Constitution, the Basic Agrarian Law No. 5/1960, Forestry Law No. 41/1999, Human Rights Law No. 39/1999, the Constitutional Court Law No. 24/2003, Water Resources Law No. 7 of 2004, Plantation Law No. 18 of 2004, and Environmental Protection and Management Law No. 32 of 2009. However, Komnas HAM argues that the legal recognition of indigenous peoples' existence and rights in some of those laws are not wholly consistent with of which formulated and defined in the 1945 Constitution. 11. In the early 1980s, the New Order administration classified almost 70% of the total land area as “Forest Areas”, without giving recognition to the pre-existing rights of local people, including masyarakat adat, on these lands and natural resources. The State leased out, through concessions to corporations and state agencies, millions of hectares of land, forests, coastlines and other natural resources which had been customarily owned, used, and/or cared for by local and indigenous communities. Indeed, government calculations in 2003 showed that out of around 190.5 million hectares of land, 67.4% has been declared as “state-forest” areas. According to this categorization, many masyarakat adat suddenly found themselves living “illegally” on state land, despite their occupancy and customary land ownership for generations or even centuries. 1 United Nations Special Rapporteur on the rights of indigenous peoples. 2013 Report to the Human Rights Council A/HRC/24/41/Add.3. 2013. p. 5. Komnas HAM-52nd Session of ICESCR – April 2014, page 4

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