The Urgency of Strengthening the Rights and Participation of Indigenous Peoples in Realizing… Kanun Jurnal Ilmu Hukum Annisa Indah Nuari & Sapto Hermawan Vol. 23, Issue 3, (December, 2021), pp. 399-416. Kanun: Jurnal Ilmu Hukum. Fakultas Hukum Universitas Syiah Kuala, Banda Aceh. 23111. ISSN: 0854-5499 │e-ISSN: 2527-8482. Open access: http://www.jurnal.unsyiah.ac.id/kanun THE URGENCY OF STRENGTHENING THE RIGHTS AND PARTICIPATION OF INDIGENOUS PEOPLES IN REALIZING SUSTAINABLE MANAGEMENT OF CUSTOMARY FORESTS Annisa Indah Nuari & Sapto Hermawan Faculty of Law, Universitas Sebelas Maret Ir. Sutami Street No. 36, Kentingan, Jebres, Surakarta, Jawa Tengah 57126 E-mail: saptohermawan_fh@staff.uns.ac.id; Phone Number: +62-81328879988 Received: 25/07/2021; Reviewed: 09/12/2021; Accepted: 10/12/2021. DOI: https://doi.org/10.24815/kanun.v23i3.21881 ABSTRACT This article aims to analyze the urgency of strengthening the rights and participation of indigenous peoples in customary forest management in Indonesia. Law No. 41/1999 on Forestry, which is still centralized in nature, has limited the rights and roles of indigenous peoples in managing their customary forests. The regulation regarding customary forest in the Forestry Law is inconsistent with protecting ecosystem carrying capacity and democratic decentralization. This article was prepared using a normative legal research methodology in which a statutory and conceptual approach is used. Then, secondary sources of legal material were analyzed and qualified to be narrowed down to answer existing juridical problems. The results show that the rights and roles of indigenous peoples in managing their customary forests are still minimal. Customary forest management centered on the central government and prioritized a sectoral approach can have implications for exploitation that ignores the interests of conserva- tion and sustainability of customary forest natural resources. Key Words: indigenous peoples; customary forest; sustainable development. INTRODUCTION Article 18B of the 1945 Constitution serves as a guide in recognizing and a form of legal protection for the existence of indigenous peoples in Indonesia. Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia then guaranteed indigenous peoples' existence by providing conditional recognition. The acknowledgment is that indigenous peoples and their traditional rights are recognized and protected as legal subjects. Article 4 Paragraph 1 of Law No. 41/1999 on Forestry (hereafter Forestry Law) explains that all types of natural resources in Indonesia, including forests, will be directly controlled by the state as a whole. Article 4, paragraph