Hutan adat: Definition

Updated 2026-11-02 · 1 min read · By the akar.earth specialist team

What is hutan adat (customary forest) in Indonesia? Its legal status after the 2012 Constitutional Court ruling and its role in forestry carbon projects.

Hutan adat (customary forest) is forest located within the territory of a recognised customary law community (masyarakat hukum adat) in Indonesia. Since Constitutional Court ruling No. 35/PUU-X/2012, customary forest is no longer classed as state forest, and communities can obtain formal recognition of their forests.

Why it matters

Customary forests are among the best-protected forests in Indonesia, managed under local rules for generations. Formal recognition gives communities legal standing to decide how their forests are used, including for carbon. Permenhut 6/2026 explicitly names customary forests and communities as legitimate, equal participants in forestry carbon, which opens a path for community-led projects.

How recognition works

• The customary law community must first be recognised, usually through a regional regulation (Perda) or a regional head decision.
• The community applies to the Ministry of Forestry for designation of its customary forest.
• After verification, the area is designated as hutan adat and released from state forest status.
• The community manages the forest under its customary rules and applicable law.

Hutan adat is also counted as one of the five schemes under perhutanan sosial.

Indonesia and Southeast Asia angle

The area formally designated as customary forest remains much smaller than the area claimed by communities, because recognition depends on regional regulations that many districts have not issued. For carbon projects, that means rights may be contested or pending. Projects must engage communities on their terms, with FPIC, clear agreements on carbon rights and benefit sharing. See customary forest carbon and carbon ownership in Indonesia.

Carbon rights on customary land are still being clarified in practice. Projects should document how the community defines its territory and decision-making, and how carbon revenue will be handled under customary rules.

Common mistakes

• Assuming unrecognised customary land has no rights holders.
• Negotiating only with village government rather than adat institutions.
• Applying generic benefit sharing models that ignore customary decision-making.

More on the Indonesia regulation hub.