Recognition and Determination of Customary Forests by Indigenous Peoples in the West Sumatra Province
Downloads
Forests are a natural resource used by communities around the forest to support their lives, including the Customary Law Community or Masyarakat Hukum Adat (MHA). However, various tenurial conflicts are often encountered in forest utilization, such as claims over forest areas. The basis of the problem, which then causes the community around the forest, often conflicts with government policies. However, the issuance of Constitutional Court Decision No.35/PUU-X/2012 provides a form of recognition to MHA in managing forests and determines customary forests as the forest within the territory of MHA. This research will focus on two issues: first, how is the recognition and determination of customary forest by MHA after the presence of the Constitutional Court Decision No.35/PUU-X/2012. Second, how are efforts to recognize and determine customary forests through social forestry schemes in the Province of West Sumatra. To answer the focus of the study, this study used normative juridical research methods with descriptive research specifications and analyzed them through library research. The conclusion of this study is obtained.Forests are a natural resource used by communities around the forest to support their lives, including the Customary Law Community or Masyarakat Hukum Adat (MHA). However, various tenurial conflicts are often encountered in forest utilization, such as claims over forest areas. The basis of the problem, which then causes the community around the forest, often conflicts with government policies. However, the issuance of Constitutional Court Decision No.35/PUU-X/2012 provides a form of recognition to MHA in managing forests and determines customary forests as the forest within the territory of MHA. This research will focus on two issues: first, how is the recognition and determination of customary forest by MHA after the presence of the Constitutional Court Decision No.35/PUU-X/2012. Second, how are efforts to recognize and determine customary forests through social forestry schemes in the Province of West Sumatra. To answer the focus of the study, this study used normative juridical research methods with descriptive research specifications and analyzed them through library research. The conclusion of this study is obtained.
Abdul Muis Yusuf, Forestry Law in Indonesia (Jakarta: Rineka Cipta, 2011).
Adrian Sutedi, Mining Law, (Jakarta: Sinar Graphic, 2012).
Albert Tanjung, "The Position of Indigenous Forests Above Ulayat Land in Forest Utilization”, Populist Journal, 4.1 (2019). http://dx.doi.org/10.47313/pjsh.v4i1.590.
Amir N. Licht, Chanan Goldschmidt, and Shalom H. Schwartz, ‘Culture Rules: The Foundations of the Rule of Law and Other Norms of Governance’, Journal of Comparative Economics, 35.4 (2007). https://doi.org/10.1016/j.jce.2007.09.001
Amiruddin and Zainal Asikin, Introduction to legal research methods (Jakarta: Kencana, 2016).
Anu Lähteenmäki-Uutela and others, 'Legal Rights of Private Property Owners vs. Sustainability Transitions?',Journal of Cleaner Production, 3.23 (2021). https://doi.org/10.1016/j.jclepro.2021.129179
Bahar, S, The human rights perspective on the four juridical requirements for the existence of the Customary Law community workshop "Inventory and Protection of the Rights of Indigenous Peoples (Jakarta: National Human Rights Commission, Constitutional Court, and Ministry of Home Affairs, 2005).
Brigida Yuliana, "The Impact of the Social Forestry Program on Village Development Indicators",Syntax Literate: Indonesian Scientific Journal, 7.2 (2022). https://doi.org/10.36418/syntax-literate.v7i2.6364.
Burhan Ashofa, Legal research methods (Jakarta: Rineka Cipta, 2007).
Enik Ekowati and Muama "Gender Responsive Social Forestry Policies: A Case Study of Legislation in the Sector of Social Forestry and Granting of Forestry Permits",Women's Journal, 27.1 (2022). https://doi.org/10.34309/jp.v27i1.657.
Faiq Tobroni, "Strengthening the Rights of Indigenous Peoples over Indigenous Forests (Study of the Constitutional Court Decision Number 35/PUU-X/2012",Constitutional Journal 3.3 (2013).
Gamin, "Social Forestry in Indonesia in an Islamic Perspective",Journal of Islamic Civilization Studies, 2.1 (2019). https://doi.org/10.47076/jkpis.v2i1.4.
Hadri, "Fulfillment of the Rights of Indigenous Peoples in Controlling Customary Forests in West Lampung District" Istinbath Law Journal, 15.2 (2018). https://doi.org/10.32332/istinbath.v15i2.1210.
Intan Nevia Cahyana, "Legal Protection of the Existence and Participation of Indigenous Peoples in Forest Management in Customary Forest Areas”, Jurnal Prioris, 6.2 (2017), https://doi.org/10.25105/prio.v6i2.2440.
Iskandar AM, Theodorus Fied Herlando, Eddy Thamrin, "Study of the Role of Customary Law in the Management and Protection of Forests in the Dayak Uud Danum Indigenous People in Deme Village, Ambalau District”, Journal of Sustainable Forests, 10.1 (2022). https://doi.org/10.26418/jhl.v10i1.46696.
John Henriksen, “International Human Rights Mechanism,” Training Paper on the Rights of Indigenous Peoples for Human Rights Lecturers in Indonesia," organized by the UII Center for Human Rights Studies in collaboration with NCHR University of Oslo Norway, in Yogyakarta 21-24 August 2007.
Kurnia Warman, "Regulation of Agrarian Resources in the Era of Government Decentralization in West Sumatra (Interaction of Customary Law and State Law in the Perspective of Diversity in Legal Unity)," (Dissertation, Faculty of Law, Gadjah Mada University, 2009).
Maria SW Soemardjono in Sukirno, Legal Politics of Recognition of Ulayat Rights (Jakarta: Prenamedia Group, 2018).
Mariam Abdulkareem and others, ‘Life Cycle Assessment of a Low-Height Noise Barrier for Railway Traffic Noise’, Journal of Cleaner Production, 323 (2021). https://doi.org/10.1016/j.jclepro.2021.129169
Muthia Septarina, “Customary Forest Management After the Constitutional Court Decision No. 35/PUUX/2012,” Al-Adl: Journal of Law 5, no. 10 (2012). http://dx.doi.org/10.31602/al-adl.v5i10.190.
Nurul Firmansyah, et al, 2007, Nagari Forest Dynamics Amidst State Law Nets, Huma-Tombs, Jakarta.
Regulation of the Minister of Environment and Forestry Number 7 of 2020 concerning Customary Forests and Private Forests.
Rachman Noer Fauzi, "Customary law communities are not rights holders, are not legal subjects, and are not owners of their customary territories,"Discourse: Journal of Transformative Social Sciences 33.16 (2014).
Rahman, N, Correction of agrarian forestry policies by the Court of Steep Roads for Agrarian Reform in the Forestry Sector (Bogor: Center for Research and Development on Climate Change and Policy, 2013).
Rafael Edi Bosco, Indigenous Peoples' Rights in the Context of Natural Resource Management, (Jakarta: Elsam, 2006).
Safrin Salam, "Legal Protection of Indigenous Peoples Over Indigenous Forests”, Novelty Law Journal, 7.2 (2016). https://doi.org/10.26555/novelty.v7i2.a5468.
Sahrul Gunawan, Baso Madiong, Zulkifli Makkawaru, "Legal Analysis of the Rights of the Ammatoa Customary Law Community Against Customary Forests in Bulukumba District”, Indonesian Journal of Legality of Law, 5.1 (2022). https://doi.org/10.35965/ijlf.v5i1.1911.
Saleh, Muhammad, "The Existence of Customary Law Communities in Forest Management Perspective of Law No. 41 of 1999”. Jatiswara 26.2 (2017). http://jatiswara.unram.ac.id/index.php/js/article/view/12.
Sari Daisyta Mega and Akhyaroni Fu'adah, "The Role of Local Government in Protecting Indigenous Forests After the Constitutional Court Decision Number 35/PUU-X/2012", Journal of Legal Research 1.1 (2014).
Sarkawi, Law on Land Acquisition of Customary Property Rights for the Development of Public Interests (Yogyakarta: Graha Ilmu, 2014).
Selamat Yusuf, "Post Constitutional Court Verdict Analysis No. 35/PUU-X/2012 Against the Drafting of Regional Regulations Based on Article 67 paragraph (2) Law No. 41 of 1999 Concerning Forestry", (2015).
Soekanto, Towards Indonesian Customary Law, An Introduction To Studying Customary Law, rearranged by Sorjono Soekanto, (Jakarta: PT. Raja Grafindo Persada, 1981).
Soerjono Soekanto and Sri Mamudji, Normative Legal Research (Jakarta: Rajawali Press, 2001).
Sofyan Zainal and Eduardus Edo, "Motivation and Community Activities in Preserving the Bukit Samabue Customary Forest, Sepahat Village, Menjalin District, Landak Regency"Journal of Sustainable Forests, 10.1 (2022). https://doi.org/10.26418/jhl.v10i1.51930.
Susilo, K.S. 2005. Foreword by the Chairman of Komnas HAM (pp. 5-10). Workshop on "Inventory and Protection of Indigenous People's Rights, 14-15 June 2005, (Jakarta: National Human Rights Commission, Constitutional Court, and Ministry of Home Affairs).
Taufik Siregar and Fitri Yanni Dewi Siregar, The Existence of Customary Community Dispute Resolution in Preventing Destruction of Forest Areas, Law Enforcement Scientific Journal, 9.2 (2022), http://dx.doi.org/10.31289/jiph.v9i2.7342
Wahyu Nugroho, "Constitutionality of Rights of Indigenous Peoples in Managing Customary Forests: Empirical Facts of Licensing Legality”, Constitutional Journal, 11.1 (2016). https://doi.org/10.31078/jk1116.
Yance Arizona, Hermawati Siti Rakhma Mary and Cahyadi Erasmus, Returning Indigenous Forests to Indigenous Peoples: Annotation of the Constitutional Court Decision Case No. 35/PUU-X/2012 regarding Review of the Forestry Law (Jakarta: Perkumpulan HUMA Indonesia, 2014).
Yulisma, "Baundi in the rules of Salingka Nagari Pandai Sikek”, Journal of Research and Culture, 4.1 (2018). https://dx.doi.org/10.36424/jpsb.v4i1.101
Copyright (c) 2023 Syofiarti (Author)
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with the Ekasakti Journal of law and Justice agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
