THE ROLE OF INDIGENOUS COMMUNITY IN PRESERVING AND

PROTECTING BIODIVERSITY THROUGH CUSTOMARY FOREST SCHEME

(Case Study of Customary Forest Management in Rantau Kermas
Marga Serampas Merangin Regency Jambi Province)
Adithiya Diar, SH, MH1, Muhammad Yasin, SH, MH2, and Ilham
Kurniawan D, SH3

INTRODUCTION
Biodiversity is one of the potential wealth of natural resources which is
currently becoming a very interesting problem. This is because the potential
of biodiversity is one of the stimulants for the development of biotechnology.
Indonesia is known as one of the tropical forests that have the highest
biodiversity in the world. This biodiversity is related to the extent of forest
area in Indonesia which two-thirds of the land (131.28 million hectares) as
the forest area which is certainly rich in natural resources. Unfortunately, we
are not able to preserve it because of the rapid rate of forest degradation
and deforestation. Based on data from State of the World's Forests 2007 of
the Food and Agriculture Organization (FAO) in the period 2000-2005, the
rate of deforestation in Indonesia is 1.8 million hectares per year. Even the
Guinness Book of Records referring to Indonesia as the country's fastest
forest destruction in the world. According to Greenpeace, the greater loss
with an average of 2.31 million hectares per year is due to illegal logging and
conversion of forests in 2004-2009.4

1 Lecturer at Institute of Islamic An-Nadwah, and Student of Doctoral Law Program

of Jambi University.
2 Lecturer at Institute of Islamic An-Nadwah, and Student of Doctoral Law Program
of Jambi University.
3 Lawyer and Student of Master Law Program of Jambi University.
4 Ilham Kurniawan, Memberangus Kejahatan Kehutanan, Opini Kompas tanggal 24
Februari 2014
1

Forest management and biodiversity protection of Indigenous Community

possess traditional knowledge, cultural values and wisdom. The destruction
of forests in Indonesia is inseparable from the rapid rate of deforestation and
degradation of forest areas as a result of many licensing for Forest
Management Rights (HPH), Business License for Utilization of Industrial
Plantation Forest (IUPHHK HTI) mining license and other exploitated licenses
and uncontrollably encroachment of forest areas.
The rapid rate of forest degradation and deforestation is in collaboration with
the damage and loss of biodiversity. Unorganized forest management,
uncontrollable exploitation of natural resources is without regarding to the
environment and sustainability that will threaten biodiversity in Indonesia.
Therefore, various parties push for the protection of biodiversity. There are
several international conventions governing environmental protection, such
as WHC, WCS, WCN, OCF, UNCLOS which is a legal basis of international law
on the implementation delegated to the state. In line with that, the
Government of Indonesia has issued Law No. 5 year 1990 on Conservation of
Natural Resources and Ecosystems in this case serves as a legal basis for the
protection and management of natural resources, and is also supported by
Law No. 5 year 1994 on the Convention on Biological Diversity (ratification of
United Nations Convention on Biological Diversity), and the enactment of
Law No. 32 year 2009 on the Protection and Management of the Environment
and the issuance of Law NO. 31 year 2004 on Fisheries.
Besides, if we elaborate in the level of Indigenous Community in Indonesia,
they actually has wisdom to manage forests and protect biodiversity. As well
as in Indigenous Community5 in Jambi such Marga Serampas in Rantau
Kermas village which has customary forest that is currently preserved and
until now still has biodiversity that is still intact, while in its vicinity has been
damaged and depleted due to the destruction of forests and environment.
Indigenous Community in Rantau Kermas village has a spatial use or spatial
custom so that the utilization of the potential that exists in customary
territory can be arranged. So the community in rantau kermas village has
received recognition from the Regent of Merangin whose biodiversity is
currently preserved and protected therein.5
This paper will focus on how the Role of Indigenous Community in managing
customary Forest and preserving Biodiversity therein, so it seems that the
Indigenous Community has rules, values and culture and local wisdom in
5See the decree of Regent Merangin Number: 146/DISBUNHUT/2015 concerning the
Determination of Some Forest Area in Rantau Kermas village, Jangkat District
Covering + 130 (one hundred thirty) Hectares as customary Forest Rantau Kermas
village March 4th, 2015. This decree is a legal standing of Indigenous Community in
Rantau Kermas Village in preserving and protecting the potential of biodiversity in
customary forests.
2

managing customary forests and protecting biodiversity such as performed

by Marga Serampas community on customary Forest Rantau Kermas in
Merangin District Jambi Province.
THE EXISTENCE OF MARGA SERAMPAS COMMUNITY IN MANAGING
CUSTOMARY FOREST RANTAU KERMAS VILLAGE.
Serampas community is a direct descendant of Segindo Balak. In a further
development Segindo Balak had three descendants, namely Nenek Puti
Segindo Mersik inhabiting Renah Kemumu, Nenek Puti Selindung Bulan
inhabiting Tanjung Kasri and Nenek Puti Senialus inhabiting Renah Alai.
Based on the descendant history, finally Serampas indigenous territories are
divided into three sub-regions, namely Renah Kemumu, Tanjung Kasri and
Renah Alai. Wherein each sub-region led by a depati 6. In its Progress Marga7
Serampas currently consisted of five villages, namely Renah Kemumu,
Tanjung Kasri, Lubuk Mentilin, Rantau Kermas and Renah Alai. Serampas
community is believed to have occupied the location where they lived for
since hundreds of years ago. Based on archaeological evidence, it is
estimated that Serampas ancestors had inhabited the area from the 11th
century until the 13th8 century. This can be proved by a reference to the
Sumatran history books written by William Marsden, a British historian who
had set foot in the territory of Serampai9 in January 1805. "On January 6th, we
arrived at Rantau Kramas10. On January 7th, we were running under dense
forest. People were very tired, weak and emaciated. We were relieved by the
arrival of the Serampai who brought a number of provisions from Ranna
Alli11. On January 8th, after the most tiring journey, we arrived in condition
that was almost half-dead because of damp and cold. Bearers of the sick
were really no longer able to walk. We were forced to ask the Sepoy to walk
like us. Our route was to the northwest, with little variation. On January 9 th,
we dwelled in Ranna Alli. Serampai village consisted of about 15 houses and
was inhabited by 150 to 200 people. "12
Similar thing delivered by Gatra6 in journalistic reports in Renah Kemumu
Village and Tanjung Kasri Village, wrote that marga Serampas Region had
been the object of research of Dr. Bill Watson, a British archaeological expert,
was the first to conduct research in Serampas. In 1972-1974, the British man
sent by the Government of Canada based on the map of Den Haag. His
arrival, which was named "operation of ivory two", was meant to see the
potential for gold and Serampas history. Bill Watson examined from Renah
Kemumu village to Seblat Ulu village, which now is in the area of Rejang
Lebong coverage. He dug a hole with the length of 4 meters, the width of 2
meters, and the depth of 4 meters.7
Based on the excavation, Bill Watson said that in 4000 years ago, the region
once stood a kingdom, as old as the city of Victoria in South Africa and Kutai
in Kalimantan. Meanwhile, the result of research about the potential of gold
3

was not explained. In 2002-2006, John David Neidel, an archaeologist of

United States, re-examined. This study covered a very broad area, ranging
from Lempur Village, Renah Kemumu, to the farthest village in Jangkat
District, Pematang Pauh Village. David discovered 24 sites former old hamlet
that ever existed around Renah Kemumu. He also investigated three large
cemeteries in Serampas and discovered all the relics. As a result, David
Niedel found evidence that Serampas community patterned megalithic
tradition. Even the megalithic tradition in Jambi Highlands lasted until the
coming of Islam. In that region, the tradition apparently ended in the 18th
century. At that time, the Sultan of Jambi instructed the custom authorities
(depati) in the highlands to change their beliefs. But the megalithic tradition
that is animism, dynamism and Hinduism were still apparent in people's
behavior ex Marga Serampas in Tanjung Kasri village and Renah Kemumu.6
The existence of the community have long been recognized, even Indigenous
Community life inherent to indigenous communities scattered throughout the
archipelago, they have a long life and the juridical recognition of the
customary rights attached to them long ago. Although the various parties,
both internationally and nationally have still no agreement related to the
name of Indigenous Community or any other name but empirically
Indigenous Community has already existed with the law, custom, local
wisdom and traditional knowledge.
Customary community6 according to Aliansi Masyarakat Adat Nusantara
(AMAN) in the Congress I March 1999 are groups of people who have
ancestral origin (hereditary) in specific geographic region as well as have
values, ideology, economic, political, cultural, social, and the region.6
Constitutionally the existence of Indigenous Community and their traditional
rights were recognized and respected as long as they exist and not contrary
to the national interest and legislation. 7 Therefore, the existence of
Indigenous Community stated in the constitution, especially Article 18B
paragraph (2) of the 1945 Constitution becomes absolutely necessary in
order to legally have the right and authority to manage their customary
forest. If we refer to the provision of Article 18B paragraph (2) of the 1945
Constitution to be recognized and protected by law should be a recognition
from the country. There are four critical points related to the recognition of
Indigenous Community both in the 1945 Constitution and legislation: (1)
Indigenous Community is still alive, (2) in accordance with the development
of community, (3) in line with the principle of the unitary state of Indonesia,
and (4) the existence is regulated by law.

6Mia Siscawati, Masyarakat adat dan system-sistem penguasan dan pengelolaan

hutan, JurnalTransformasi Sosial 33/XVI/2014, Insist Press, Yogyakarta, hal. 4
4

Likewise, the existence of Indigenous Community in Jambi especially

Merangin regency is better known by the name of Marga and the head of
custom administration called Pasirah. However since the enactment of Law
No. 5 year 1979 on Village Government, the Pasirah title is erased and marga
also deleted, so that the status of government under district is no longer
called Marga or Mendapo but changed into Village (Desa), Marga, which has
hamlets underneath where those hamlets changed into villages directly
under the District. Therefore, this condition has implications to the existence
of the government structure in Merangin regency. For example Marga
Serampas community was originally a group that has now been split into five
(5) village administrative goverment namely Renah Kemumu, Tanjung Kasri,
Renah Alai, Lubuk mentilin and Rantau Kermas. The existence of serampas
community has actually before the independence of Indonesia, this is proved
by the discovery of ancient artifacts and documents in the Region of Marga
Serampas. Each village in Marga Serampas actually has customary forests
managed according to customary law. But nowadays which has received
recognition from the State is customary Forest Rantau Kermas.
In the customary rules Marga serampas especially in Rantau Kermas has
been very clearly asserted, for anyone who lived or entering serampas
territory, he is obliged to obey the rules of customary serampas included in
the utilization of natural resources. Customary rules in serampas in the
utilization of natural resources are:
1. It is forbidden to cut down or open up agricultural land in the area that
has a very steep slope
2. It is forbidden to cut down or open up agricultural land in the upstream
3. It is Prohibited to poison, Rotate fish along the river flow
4. The existence of " tanah ajum tanah arah " which means the land that
has been designated by the custom and its arrangement for utilization. 7
With the tanah ajum tanah arah custom indirectly has split zoning utilization
so that people will use customary region based on designation. Based on the
division of customary territories if one of the people who open up agricultural
area but in 1 depati it is obtained by paying a bushel of rice and a chicken
which is given to festivity Seko, but for different land-clearing depati will be
penalized 20 rice and a goat, But the utilization of the tanah ajum tanah arah
at this time is not applied because the area has not been opened or used
now turned into a national park. No conflict utilization of natural resources to
this day has happened, this is because there is strong rule of law so that
people are reluctant to break them. However, the potential conflict arises
with the arrival of the immigrants who live in the neighboring village so as to
make the position of serampas community pressed.

Local knowledge in the field of Natural Resources Management and

preserving biodiversity which is still preserved by the Law of Serampas
community in Rantau Kermas:
1. The local community is strictly forbidden to cut timber in the upstream of
the river and in a steep valley. Cutting in that region could lead to
disaster. The land is also prohibited for sale to outsiders. If caught, the
person who sells and who buys will be expelled from Serampas. Land
bought and sold will be taken over the village or country.
2. The wood harvested from the forest was not to be bought and sold.
Usually only for their own consumption and for firewood. If they want to
open up a field, all timber might be cut off except jackfruit, mangosteen,
durian, petai, cherry tree, whose fruit is usually eaten by birds) The
reason, those plants was the heritage from the ancestor. Farming near
the upstream of the river was prohibited, because it often causes ill, even
death.
3. Problems of land ownership is also regulated in the custom. Each resident
is limited to maximum 2 hectares of land within one year. The land shall
be planted. Those who could afford might have more land up to
maximum of 4 hectares, with a condition that the land under cultivation.
Every person is prohibited to have more than one home. Moreover,
despite living hand to mouth, they oblige residents to pay zakat fitrah at
the end of Ramadan.7
Based on the description above it shows that the Indigenous Community
Marga serampas existed before the Republic of Indonesia stands and until
today still adhere to the laws and customs. On this basis then the District
Government Merangin on February 16 th, 2016 ratified local Regulation No. 8
of 2016 on the Recognition and Protection of Indigenous Community Marga
Serampas in Merangin regency as a legal basis for the recognition of the
existence of Indigenous Community in article 18 and paragraph (2) of the
1945 Constitution.
CUSTOMARY FOREST OF RANTAU KERMAS
FORTRESS AND PROTECTOR OF BIODIVERSITY

VILLAGE

GUARDIAN

Customary Forest term in positive law was introduced for the first time in
Law 41 of 1999 on Forestry (Forestry Law). Previous legislation such as Law 5
of 1960 on UUPA only recognizes Indigenous Community and communal
land. The introduction of the term customary forest in the Forestry Law
leaves the normative consequences which customary forests constructed as
part of the state forest. Based on the status, the forest is divided into two,
namely the state forest and private forest, where customary forest is a state
forest located in the region of Indigenous Community.
Law 41 of 1999 on forestry does not recognize customary forest as forest
that are fully controlled by the community so that it is not always the right
6

we see the definition and existence of customary forest just see where Law
41 of 1999 on only Forestry. In forestry legislation, customary forest is a part
of our state forests. The crux and neglect of the existence of customary
forests are reduced with mastery by the State led to the marginalization of
customary community in its own territory.
Since it happened, the neglect and marginalization of forest control toward
the territory and living space of customary community by the state. During
the 14 years of implementation of the law cause Indigenous Community in
various regions lose the rights of customary territories taken over by other
parties using excuse of being given permission by the state. The
determination which are not pro Indigenous Community is encouraging the
various parties to the Judicial Review in the Forestry Act which violates the
constitutional rights of Indigenous Community.
Judicial Review was proposed by Aliansi Masyarakat hukum adat Nusantara
(AMAN), Kesatuan Masyarakat Hukum Adat Kenegerian Kuntu Kampar
regency Riau province and Kasepuhan Cisitu Lebak district Banten province.
In essence, the applicant argued on two points, the first related to the status
of customary forest which immediately included in the state forest. Second
petitioners complained of conditional recognition of Indigenous Community
particularly phrase "so far as reality is still there and acknowledged its
existence". In its decision the Court granted regarding forests into state
forests which is contrary to the 1945 Constitution, while the conditional
recognition of Indigenous Community is considered constitutional.
There are three matters decided by constitutional court related to customary
forest. First Constitutional Court deleted the phrase "state" in Article 1, item
6, so that the article 1 number 6 become "customary forest is a forest
located in the area of Indigenous Community." Second the Court
conditionally interpreted the Article 5, paragraph (1) to the extent not
interpreted as "State Forest referred to in paragraph (1) letter a, not
including customary forest" and delete the phrase "and paragraph (2)" in
Article 5 paragraph (3), so that further strengthen customary forest not state
forest. The three constitutional Court stated Article 4 paragraph (3) of the
Forestry Law contradicts to the 1945 Constitution and does not have binding
legal force throughout it does not mean 'forest tenure by country taking into
account the rights of Indigenous Community, all still alive and in accordance
with the development of community and the principles of the Republic of
Indonesia regulated by law.
The Constitutional Court decision implies that the customary forest areas
should be set by the government. It means that the Constitutional Court's
decision does not necessarily make the indigenous community declare an
area as customary forest. Inauguration of the indigenous community and

their customary forests remains to be done by the government to protect the

customary forests and indigenous community itself.7
On the basis of struggling for customary Forest Rantau Kermas village has
been set by the Decree of the Head Region on March 4 th, 2015 by the Decree
of the Regent Merangin Number: 146/DISBUNHUT/2015 Concerning
Determination of Some Forest Area in Rantau Kermas village, Jangkat District
Covering + 130 (one hundred and thirty) hectares as customary Forest
Rantau Kermas. The customary forest is bordered by Kerinci Seblat National
Park and even 42 Ha is included into the National Park and 88 was in APL.
Despite most of them being in the APL, but based on customary law in
Rantau Kremas village as a region with biodiversity which should be
protected and preserved.
Rantau Kermas is one of the villages that have a direct interaction with the
region of Kerinci Seblat National Park where community of Rantau kermas
should not manage the customary forests while the area around Kerinci
Seblat National Park now has been destroyed as a result of encroachment
and Unlicensed Gold Mines that can not be anticipated by office of Kerinci
Seblat National Park and law enforcement.
Therefore, the community agreed to establish customary forest area in
villages. the formation of the deliberative process is ultimately fruitless
formation of customary forest in rantau kermas village. Determination of
customary forests have already ratified through village regulation rantau
kermas village number: 01/village head/RK/3/2000, village regulation is also
mentioned board of management of customary forest management. Not just
to be here, through village meetings also determined how the management
system and the use of customary forest set on April 16th, 2000. Although the
legality only to the village level, until now the area is still well-preserved.
Even so community still want the customary forest territory acquiring
recognition in regent level. Attemption to receive permission from the regent
has been done twice, the first application was made on March 28 th, 2000,
through a letter to the Merangin regent, with the number 07/village head/rk/
3/2000, on request of decree of customary forest village. because it has not
received a response, a second application was sent again in order to
complete the first letter that was sent in June 2009. Until now the two letters
that have been filed to obtain confirmation of customary forest by the regent
has not received the expected results, conditions, customary forest rantau
kermas has not received the decree of regent. It was only on March 4th, 2015
through Merangin Regent Decree No. 146/DISBUNHUT/2015 Concerning
Determination Some Forest Area in Rantau Kermas village, Jangkat District
Covering + 130 (one hundred thirty) Hectares as customary Forest Rantau
Kermas village.
7Helmi, Hutan Adat dalam Putusan MK, opini Kompas, 4 Juli 2013
8

Currently customary forest is very well preserved and managed by the

indigenous community in Rantau Kermas village. Various attempts were
made to stimulate the spirit in preserving biodiversity potential because
condition of existing landscape around Kerinci Seblat National Park especially
in outside of customary territory of indigenous community is crumbling due
to encroachment, illegal mining and other activities that destroy biodiversity
and ecosystems in the forest area.
Indigenous Community of Rantau kremas village own forests and it has been
defined as customary forest with a management group of customary Forest
Rantau Kremas village, Jangkat regency based on the decision of village head
rantau kremas village No. 141/04 / KDS / RK / 01/2014 on the establishment
of the group management of customary forest Rantau Kremas village Jangkat
Region. Currently KPHA has been conducting foster tree8 where the funds can
be used for the construction of public infrastructures and facilities in the
village of Rantau kremas.
Based on the results of field surveys KKI WARSI in 2011, a wide range of
potential biodiversity was found in customary forest Rantau Kermas village
which is currently utilized, preserved and protected by community, namely:

Species
Family
Strobilanthes involucrata
Acanthaceae
Strobilanthes paniculata
Acanthaceae
Mangifera foetida
Anacardiaceae
Orophea sp.
Annonaceae
Arisaema cf. barbatum
Araceae
Amorphophallus sp.
Araceae
Caladium bicolor
Araceae
Arisaema cf. barbatum
Araceae
Balanophora elongata
Balanophoraceae
Impatiens elephanticeps
Balsaminaceae
Impatiens pseudoperezii
Balsaminaceae
Impatiens platypetala
Balsaminaceae
Gigantochloa apus
Bambusaceae
Bambusa vulgaris
Bambusaceae
Begonia spp.
Begoniaceae
Spathodea campanulata
Bignoniaceae
Durio zibethinus
Bombacaceae
Ananas comosus
Bromeliaceae
Canarium vulgare
Burseraceae
Costus speciosus
Costaceae
Cucurbita moschata
Cucurbitaceae
Trichosanthes sp.
Cucurbitaceae
Agave angustifolia
Dracaenaceae
Equisetum sp.
Equisetaceae
Aleurites moluccana
Euphorbiaceae
Baccaurea motleyana
Euphorbiaceae
Codiaeum variegatum
Euphorbiaceae
Croton sp.
Euphorbiaceae
Erythrina variegata
Euphorbiaceae
Euphorbia pulcherrima
Euphorbiaceae
Euphorbia tirucalli
Euphorbiaceae
Sauropus androgynus
Euphorbiaceae
Lithocarpus sp.
Fagaceae
Quercus sp.
Fagaceae
Flacourtia rukam
Flacourtiaceae
Cyrtandra pendula
Gesneriaceae
Cyrtandra sandei
Gesneriaceae
Oryza sativa
Gramineae
Oryza sativa
Gramineae
Callophyllum inophyllum
Guttiferae
Cinnamomum burmanni
Lauraceae
Barringtonia sp.
Lecythidaceae
Parkia javanica
Leguminosae
Parkia speciosa
Leguminosae
Phaseolus vulgaris
Leguminosae
Pithecelobium confertum
Leguminosae
Vigna sinensis
Leguminosae
Lycopodium serratum
Lycopodiaceae
Hibiscus rosa-sinensis
Malvaceae
Hibiscus cf. tiliaceaus Urena Malvaceae
Lobata
Malvaceae
Sida sp.
Malvaceae

Biodiversity in the
territory
of
indigenous
community,
especially
in
customary
forest
should be protected
and respected for
storing a wide range
of
potential
and
benefits
both
for
society
and
indigenous
community or for the
outsiders
and
science
especially
related to treatment
and food products.
Biodiversity
contained
in
customary
Forest
Rantau
Kermas
village
traditionally
used for daily life
such as medicine,
decoration,
food
needs,
seasonings,
preservatives and so
forth where existing
varieties is still wellpreserved. With the
decree of Regent of
merangin
regency
concerning
affirmation
of
customary
forest
Rantau
Kermas
village
and
local
regulation No. 8 Year
2016
on
the
Recognition
and
Protection
of
Indigenous
10

community Marga Serampas then increasingly providing strength and legal

standing for indigenous community Marga Serampas especially in Rantau
Kermas village that preserve the biodiversity in customary forest rantau
kermas village so that various programs of biodiversity conservation can run
well and interference from outside can be encountered.
If this is not protected by the State, the possibility of this wealth will be lost
or stolen by outsiders will be even greater. There have been several events
related to the theft of products from the biological wealth of indigenous
community and traditional knowledge taken or claimed by outsiders as a
form of neglect of the State in giving the protection for indigenous
community which certainly a great loss for our nation, such as:
1. There are 3000 herbal medicinal products in Indonesia scientification
of herbs
2. The active substance of curcuma (Curcuma xanthorrhiza) for anti-lever,
the anti-cancer as well as heart is patented by foreigners in US 2
companies in Indonesia which use it should pay the royalty the price
of medicine is 1000 times from the price of raw material which is
actually long been produced domestically.
3. Sylimarin active substance in turmeric (Curcuma longa Linn) is
patented by foreigner.
4. The
active
substance
cinnamon
(cinnamon
burmanni)
for
reinvigorating the insulin production in the pancreas and keep blood
sugar in patients of diabetes mellitus is patented in US as the Cinulin
trademark.
5. Cat fish Product (catfish) should not be exported to the US because it
has patented in Arkansas.
6. Rendang from West Sumatra by unscrupulous Malaysians.
7. Sambal bajak from awa tengah by unscrupulous Netherlands in
Australia.
8. Sambal petai from Riau by unscrupulous Netherlands in Australia.
9. Sambal nanas from Riau by unscrupulous Netherlands in Australia
these 3 sambals are in mass production.
10.
Tempe from Java by some foreign companies Japanese citizens.
11.
The garden chairs with carved ornaments typical of Jepara in
Central Java by unscrupulous France citizens.
12.
Products made from herbs and medicinal plants native to
Indonesia by shishedo co ltd.
13.
Coffee gayo of Aceh by the Dutch company (Holland Coffee) HC
threatening Sadarsah (CV Arvis Sanada) to change the coffe brand not
to use the word Gayo but Mandailing (Gayo Arabica Sumatra).
14.
Toraja Coffee from South Sulawesi by Japan.
(Source: Joni Purba, 2015)

11

In 1990, the government ratified Law No. 5 year 1990 on the conservation of
natural resources and ecosystems as the legal provision which is expected to
move operationally in protecting the biological condition of natural resources
in Indonesia.
In considering the chart preamble the letter c Law No. 5 year 1990 on
Conservation of Biological Resources explained that the elements of natural
resources and ecosystems are essentially interdependent and influence each
other so that the destruction and extinction of one element will result in
disruption of the ecosystem. In Article 28 of Law No. 5 year 1990 explained
that the use of plants and wildlife is done by observing the survival potential,
capacity, and the diversity of plants and wildlife. Germplasm as the basic
material biotechnology engineering process is a source of genetic wealth
with a very high value. The high value of germplasm will harm Indonesia with
the theft that occurred in the tropical forests of Indonesia.
Then some legislation is also presented in providing protection to biodiversity
such as Law 5 year 1994 on the Convention of Biological Diversity
(ratification of United Nations Convention on Biological Diversity), and the
enactment of Law No. 32 year 2009 on the Protection and Management of
the Environment and the issuance of Law NO. 31 year 2004 on Fisheries.
Likewise, on May 8th, 2013 Indonesia ratified the Nagoya Protocol which was
held on May 11th, 2011 in Japan as Law No. 11 Year 2013 on the Ratification
of the Nagoya Protocol on Access to Genetic Resources and the equitable
sharing of benefits and balanced arising from the use of biodiversity. This is
certainly a call for the government to preserve and protect biodiversity in
Indonesia, which the State has neglected and less likely to involve the local
community or indigenous community in preserving biodiversity through
customary forest schemes as stated in the Constitutional Court decree No.
35/PUU-X/2012 regarding customary forest which is forest within a territory
of customary community is no longer necessarily included into the state
forest.
CONCLUSION
The existence of Indigenous Community existed long before the country the
Republic of Indonesia is formed. Based on the legislation in Indonesia
recognizes the existence of Indigenous Community and their traditional
rights including the management and protection of biodiversity found in
customary territory of Indigenous Community.
In the development of Indigenous Community tend to receive discrimination,
in marginalization, there is criminalization so the rights of Indigenous
Community being lost and amputated both with the policies and actions of
government officials and the private parties so that protection and
recognition of rights of indigenous community is necessary in managing
12

customary forest and preserving biodiversity contained in the customary

territory.
Forests as a source of biodiversity for Indigenous Community Marga
serampas in Rantau Kermas is very important to be preserved, protected and
managed well. Because of pressure and threats from both inside and outside
of the existing biodiversity in customary forest Rantau Kermas so it needs
laws to protect the biodiversity from the damage and provide recognition
legally to the Indigenous Community to manage and access biological
resources. Therefore, through the establishment of customary forest Rantau
Kermas formally give a legal standing, rights and responsibilities to the
Indigenous Community in protecting, preserving and managing the wealth of
biodiversity in the customary forest. By the Decree of the Regent Merangin
Number: 146/DISBUNHUT/2015 Concerning the Determination Some Forest
Area in Rantau Kermas, Jangkat Regency Covering + 130 (one hundred
thirty) Hectares as customary Forest of Rantau Kermas village on march 4th,
2015 by Decree of the Regent Merangin become legal existence of the
Community in preserving biodiversity in customary forest and local
regulation No. 8 Year 2016 on the Recognition and Protection of Indigenous
Community Marga Serampas. Likewise legislation already ensures that there
is also the existence of rights of Indigenous Community as the mandate of
Article 18B paragraph (2) of the 1945 Constitution and Decision of
constutional court No. 35/PUU-X/2012 regarding customary forest, in
managing all the potential that exists in customary territory including
customary forest and Regulations regarding the protection of biodiversity
both at the level of national or convention and international rules.

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DAFTAR PUSTAKA
Buku
Agus, 2013, Perlindungan Hukum terhadap Hak-Hak Atas Tanah dan Hutan
Adat yang Dikuasai Oleh Masyarakat Adat di Propinsi Jambi (Studi di
Desa Renah Kemumu dan Desa Tanjung Kasri Kecamatan Jangkat
Kabupaten Merangin), Disertasi program Pasca Sarjana Universitas
Phariyangan, Bandung.
Bambang Hariadi, 2013, Orang Serampas : Tradisi, Pengetahuan lokal dan
Pelestarian Alam, IPB Pres, Bogor.
JurnalTransformasi Sosial 33/XVI/2014, Insist Press, Yogyakarta.
Laporan Riset KKI WARSI, Kesiapan Masyarakat Adat dalam Implementasi
Hutan Adat Pasca Putusan MK Nomor 35/PUU-X/2012 dan Peraturan
Menteri Kehutanan Nomor : P.62/Menhut-II/2013 Tentang Perubahan
Atas Peraturan Menteri Kehutanan Nomor P.44/Menhut-II/2012 Tentang
Pengukuhan Kawasan Hutan, 2015, Jambi.
Mia Siscawati, 2014, Masyarakat adat dan system-sistem penguasan dan
pengelolaan hutan.
Muchtar Agus Cholif, 2009, Timbul Tenggelam Persatuan Wilayah Luak XVI
Tukap Khunut Di Bumi Undang Tambang Teliti, Jambi.
William Marsden, 1783, Sejarah Sumatera, Penerjemah : Tim Komunitas
Bambu,, Jakarta.
Yando Zakaria, 2014, Kriteria Masyarakat (hukum) adat dan potensi
implementasi terhadap perebutan sumber daya hutan pasca-Putusan
MK Nomor 35/PUU-X/2012 studi kasus kabupaten kutai Barat,
Kalimantan Timur, Jurnal Tranformasi Sosial Nomor 33 tahun XVI, 2014
Insist, Jogjakarta.
Peraturan Perundang-Undangan
Undang-Undang Dasar Negara Republik Indonesia Tahun 1945.
Undang-Undang Nomor 5 Tahun 1960 Tentang Pokok-Pokok Agraria.
Undang-Undang Nomor 5 tahun 1990 tentang konservasi sumber daya alam
hayati dan ekosistemnya.
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Undang-Undang Nomor 5 Tahun 1994 tentang pengesahan United Nations

Convention on Biological Diversity.
Undang-Undang Nomor 41 Tahun 1999 tentang Kehutanan.
Undang-Undang Nomor 32 Tahun 2009
tentang Perlindungan dan
Pengelolaan Lingkungan Hidup.
Undang-Undang Nomor 11 Tahun 2013 tentang Pengesahan Protokol Nagoya.
Peraturan Daerah Kabupaten Merangin Nomor 8 Tahun 2016 Tentang
Pengakuan dan Perlindungan Masyarakat Hukum Adat Marga
Serampas.
Putusan Mahkamah Konstitusi Nomor 35/PUU-X/2012.
Keputusan Bupati Merangin Nomor: 146/DISBUNHUT/2015 Tentang
Penetapan Sebagian Areal Hutan di Desa Rantau Kermas, Kecamatan
Jangkat Seluas + 130 (seratus tiga puluh) Hektar sebagai Hutan Adat
Desa Rantau Kermas.
Artikel
Helmi, Hutan Adat dalam Putusan MK, opini Kompas, 4 Juli 2013.
Ilham Kurniawan, Memberangus Kejahatan Kehutanan, Opini Kompas tanggal
24 Februari 2014.
Gatra, Melacak Jejak Peradaban Melayu Tua, 3 Maret, 2010.

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