Indonesia Constitutional Court Faces Land Rights Challenge Over Conservation Law
Indigenous groups in Indonesia are challenging parts of the 2024 conservation law in the Constitutional Court. They argue the legislation could allow the government to designate ancestral lands as conservation areas without community consent, creating legal uncertainty for land-intensive industries.
Conservation Law Faces Legal Scrutiny
Indigenous groups in Indonesia have launched a legal challenge against specific provisions of the country's 2024 conservation law. The Coalition for Equitable Conservation, which includes the Indigenous Peoples Alliance of the Archipelago (AMAN), filed a lawsuit with the Constitutional Court on July 8, 2026.
They argue the law permits the government to designate ancestral territories as conservation zones without the affected communities' consent. This action threatens established customary land rights and creates regulatory ambiguity for land use.
Previous Challenges and Procedural Issues
This new petition follows a separate procedural challenge to the law, which the Constitutional Court rejected in July 2025. That earlier review focused on the legislative process itself. Two Constitutional Court justices dissented from the 2025 ruling, citing insufficient transparency during the law's deliberation.
The current lawsuit, however, seeks a substantive review of the disputed articles, addressing the actual content of the conservation law rather than its passage.
Government Unprepared for Court Hearing
A Constitutional Court hearing, initially scheduled for August 6, 2026, was postponed until August 24, 2026. The delay occurred because both the Indonesian government and the House of Representatives (DPR), which drafted the law, stated they were unprepared to present their arguments. Petitioners contend the law misapplies international conservation principles.
They argue it imposes state conservation obligations on communities, rather than acknowledging their existing land stewardship practices.
The ongoing legal dispute introduces uncertainty for businesses operating in Indonesia's land-intensive sectors. Industries such as agriculture, forestry, and mining face potential challenges regarding land access and project development. The lack of clear consent mechanisms for designating conservation areas could complicate land acquisition and increase operational risks.
This regulatory ambiguity may affect investment decisions and project timelines in regions with overlapping customary land claims and state conservation plans.
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