Asserting Land Rights Through Technology and Democratic Expression: The Effect of the Indigenous Peoples Alliance of the Archipelago v Indonesia Case

Abstract

In May 2013, the Indonesian Constitutional Court found parts of Indonesia’s Law No 41 Year 1999 on Forestry (the “Forestry Law”) unconstitutional due to Indigenous peoples’ rights. Aspects of the law asserting that customary forests were state land were deemed inconsistent with the rule of law, human rights and Indigenous peoples’ interests.