Sustainable utilization of forest resources in the customary community system

237 park establishment in Indonesia was done to fulfill natural resources conservation significance that in the utilization was aimed at science and tourism importance. Meanwhile, socioculture aspect was not part of establishment consideration. Communities have been considered as dwelling the fringe of the areas, not inside the areas. Therefore, at least 24 twenty four of 50 fifty national park have been established, their areas have been overlapping the customary territory or related with customary community. Such condition is shown in KMNP and WNP Figure 3. Figure 3. Overlapping of areas in national parks Results of participatory mapping that was colaborated with national park and WWF Indonesia in 1993-1998 at KMNP and in 2006 at WNP showed overlapping based on region as follow: 1. KMNP was overlapping with 10 ten customary territories of Dayak Ethnics, namely at customary territory of Apokayan Kayan Hulu; Pujungan; Hulu Bahau; Tubu; Mentarang; Krayan Hulu; Krayan Tengah; Krayan Darat; Krayan Hilir dan Lumbis Hulu. At all regions, overlapping happened on part of customary territory. 2. WNP was overlapping with customary territory of Malind-anim that covered six customary territories etnics, namely Kanum, Marori Men- gey, Yeinan, Malind-Kondo, Marind-Bad, and Marind-Kuper. Customary territory of Kanum Ethnic was the vastest. Only part of Yei 238 Yeinan and Marind- Kuper Ethnics’ customary territory became national park areas. Negligence of sociocultural aspect is clearly observed in the consideration of national park establishment written in the establishment letter. Customary communities whose areas were designated as national park were not informed previously, although they are said to be involved in the establishment of the national park. Study on the content of national parks’ establishment lettersdesignation decree letters showed that only one national park that clearly stated that customary community existence as one of consideration for its establishment, namely Bukit Dua Belas NP. For KMNP, existence of customary community as consideration was because of impact from customary commun ity’s resistance on the establishment of Kayan Mentarang Nature Reserve on their customary territory, so that the government change the statusfunction to national park. Colchester [4] stated that in Indonesia, though the State law recognizes customary rights and acknowledge common property hak ulayat, the government interpreted it as forest product collection rights on government lands that is weak before law, so that customary community rights was not guaranteed and considered as neglected subject. The establishment of national park in customary territory had aroused conflict, since it had not incorporate traditional management system in its management system. Therefore, policy change on national park management in customary territory need to be done. Various international agreements in conservation area management related to customary communities and customary communities’ capabilities that factually could implement conservation actions become appropriate reasons to develop national park governance with customary community perspectives. Through this policy, systems which available in the customary communities become main guide in national park management policies and actions. Of course, this become important basic capital for the achievement of biodiversity mandate in national park management and for customary communities’ livelihood. The significance of customary community in the protected area management was clearly stated as the results of the fifth World Park Congress. One of its declarations stated that all protected area, both currently exist and will be established, must be developed and managed by honoring rights of customary communities, adopt customary systems and pay for the restitution from the utilization of natural resources used. Each