STRENGTHENING THE POSITION OF INDIGENOUS PEOPLE  IN THE MANAGEMENT OF THE FOREST BY SUBSQUENT OF THE CONSTITUTIONAL COURT DECISION OF REPUBLIK INDONESIA NO.35/PUU-X/2012  TO SUPPORT OF REDD+ INDONESIA

The problems of disputes over land ownership of forest between the government (in this case is the state) and the community, has been occured tens of years ago, but the increase was higher along with just an era of reform. A possession of forest resources has been dominated by large employers with the strength of their capital, while the local community (in this case of indigenous people) who rely on forest resources for generations before this country stood, their fate was even more marginalized. In fact, the existence of indigenous people with local wisdom value, plays an important role in forest management, as recognized in Act No.41 of 1999 about Forestry. Inequality of distribution of forest resources this mastery was seen as a base for real social conflict happens in the life of the community law. Furthermore it was published constitutional court’s verdict of RI No.35/PUU-X/2012 to provid e access to justice for indigenous people over the mastery of the forest. This recognition is strengthened by the existence of a REDD + Program aims to reduce emissions from deforestation and forest degradation that requires the existence of a customary law society active participation through the empowerment of local wisdom values.

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EKSISTENSI MASYARAKAT HUKUM ADAT DAN LEMBAGA-LEMBAGA ADAT DI ACEH DALAM PENYELENGGARAAN KEISTIMEWAAN DAN OTONOMI KHUSUS DI ACEH

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v1i3.10084 ◽

2012 ◽

Vol 1 (3) ◽

Author(s):

Kurniawan

Keyword(s):

Indigenous People ◽

Local Community ◽

Community Life ◽

Literature Study ◽

Legal Research ◽

Technical Approach ◽

Applicable Law ◽

Traditional Institution ◽

Traditional Institutions ◽

The Government

AbstractThis study aims to explain the existence of indigenous people and traditional institutions in Aceh in the administration the Aceh’s special autonomy. In addition, it explains the duties, functions and authority of traditional institutions in Aceh nowadays. This study is normative legal research. This study examines library materials that acquired through literature study. The technical/ approach used is the statute ap- proach, by using deductive analysis. The results of the study indicate that the existence indigenous people and traditional institutions in Aceh have shown their role in local community life in Aceh. This is caused by the community in Aceh has fulfilled the requirements of indigenous people as stated by the applicable law. The existence of traditional institutions in Aceh essentially has the function and role as a vehicle for public participation in the administration of the Government of Aceh provincial level and the Regency/municipality level in the area of security, peace, harmony, and public order. In addition, those traditional institutions also have some number of authorities as mandated by Article 4 Qanun Aceh No. 10 of 2008 concerning traditional Institution.Keywords: Indigenous People, Traditional Institution, Aceh’s Special AutonomyAbstrakPenelitian ini bertujuan menjelaskan eksistensi (kedudukan) masyarakat hukum adat dan lembaga-lembaga adat di Aceh dalam penyelenggaraan Keistimewaan dan Otonomi Khusus Aceh. Selain itu, menjelaskan tugas, fungsi, dan wewenang lembaga-lembaga adat yang ada di Aceh saat ini. Penelitian ini merupakan penelitian hukum normatif (legal research). Kajian ini menelaah bahan pustaka yang diperoleh melalui studi pustaka. pendekatan yang digunakan ialah pendekatan peraturan perundang-undangan (statute approach), dengan menggunakan penalaran deduktif. Hasil kajian menunjukkan bahwa keberadaan (eksistensi) masyarakat hukum adat dan kelembagaan adat di Aceh telah menunjukkan kiprahnya dalam tata kehidupan masyarakat di Aceh. Hal tersebut disebabkan oleh karena masyarakat hukum di Aceh telah memenuhi syarat-syarat masyarakat hukum adat sebagaimana yang disebutkan dalam peraturan perundang-undangan yang berlaku. Keberadaan lembaga-lembaga adat di Aceh hakikatnya memiliki fungsi dan peran sebagai wahana partisipasi masyarakat dalam penyelenggaraan Pemerintahan Aceh dan Pemerintahan Kabupaten/Kota di bidang keamanan, ketenteraman, kerukunan, dan ketertiban masyarakat. Selain itu, lembaga-lembaga adat tersebut juga memiliki sejumlah kewenangan sebagaimana yang diamanatkan Pasal 4 Qanun Aceh Nomor 10 Tahun 2008 tentang Lembaga Adat.Kata kunci: Masyarakat Hukum Adat, Lembaga Adat, Otonomi Khusus Aceh.

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IMPLEMENTASI PERATURAN DAERAH KHUSUS (PERDASUS) PROVINSI PAPUA NOMOR 23 TAHUN 2008 TENTANG HAK ULAYAT MASYARAKAT HUKUM ADAT DAN HAK PERORANGAN WARGA MASYARAKAT ADAT ATAS TANAH (STUDI KASUS KOTA JAYAPURA DAN KABUPATEN BIAK NUMFOR)

Gema Kampus IISIP YAPIS Biak ◽

10.52049/gemakampus.v11i2.27 ◽

2016 ◽

Vol 11 (2) ◽

pp. 40-59

Author(s):

Ayu Kurnia Utami

Keyword(s):

Conflict Resolution ◽

Indigenous People ◽

Civil Law ◽

Qualitative Approach ◽

Customary Law ◽

Land Conflict ◽

Local Regulation ◽

The People ◽

The Government

This study discusses Perdasus 23 Year 2008 about individual and communal rights of customary law society over the land through a case study in Jayapura and Biak Numfor. The special local regulation (Perdasus) is a part of the efforts to secure the customary society or the indigenous people of Papua. The aim of this study is to identify how far Perdasus 23 Year 2008 has been implemented in Jayapura and Biak Numfor. The study applies qualitative approach which data is collected through observations, interviews, and content analysis of related documents. The result of this study shows that Perdasus 23 Year 2008 is not implemented thoroughly. Although the regulation is not normatively implemented, it has been practically implemented through the initiatives of Jayapura and Biak Numfor government to carry out conflict resolution program in each region. In doing so, the government of Jayapura has done the communal right mapping of Port Numbay people, while the government of Biak Numfor issues a local regulation (Perbup) about the strategy of land conflict resolution by encouraging of the involvement of customary role and legitimation in the region. Eventhough these activities are not conducted in accordance with Perdasus 23 Year 2008, Jayapura has performed four substances of the “Perdasus”: research, mapping, management and identification, and land conflict resolution. Meanwhile, Biak Numfor regency has performed two substances: communal land management and land conflict resolution though they only fulfill some aspects of these substances when performing research and mapping. There are three aspects affecting the implementation of Perdasus in Jayapura and Biak Numfor. First, ineffective communication both from the policy maker to the policy implementer and from policy implementer to the people that causes confusion to the society regarding the policy. Second, the existing paradigm of local people who still believe that customary law is more powerful than civil law. Last but not the least is Government’s initiative to do an activity to protect the communal right of indigenous people of Papua.

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PENCEGAHAN PERUSAKAN HUTAN BERBASIS MASYARAKAT ADAT DALIHAN NA TOLU DI TAPANULI SELATAN

MASALAH-MASALAH HUKUM ◽

10.14710/mmh.48.1.2019.1-12 ◽

2019 ◽

Vol 48 (1) ◽

pp. 1

Author(s):

Anwar Sadat Harahap ◽

Ahmad Laut Hasibuan

Keyword(s):

Indigenous People ◽

Indigenous Peoples ◽

Forest Degradation ◽

Customary Law

There are indigenous peoples who have their own traditional value in passing the prevention of forest destruction. Before the establishment of legislation on Preventing Forest Destruction in Indonesia, the indigenous people of Dalihan na Tolu have their own rules in preventing forest destruction. The customary law of Dalihan na Tolu has governed: the model of settlement of forest degradation disputes, the universal rules of indigenous peoples of Dalihan na Tolu on the prevention of forest destruction, the form of sanctions imposed on forest destruction parties, and the form of oversight in the implementation of the prevention of forest destruction.

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CONFLICT OF FOREST RESOURCES AND ECOLOGICAL ADAPTATION STRATEGY

IJASOS- International E-journal of Advances in Social Sciences ◽

10.18769/ijasos.592122 ◽

2019 ◽

Vol 5 (15) ◽

pp. 1483-1490

Author(s):

Rita Rahmawati ◽

Arya Hadi Dharmawan ◽

Rilus Kinseng ◽

Dudung Darusman

Keyword(s):

Qualitative Method ◽

Local Community ◽

Adaptation Strategy ◽

Forest Resources ◽

The State ◽

Ecological Adaptation ◽

Cultural Tradition ◽

Resource Conflicts ◽

The Government ◽

The Right

This study is focused on the adaptation strategy of the local community who has the problem of land rights. In Indonesia, all natural resources are subject to control and to manage by the state. As a ruler of the resources, the Government published any policy which provided revenue for the state, such as giving the right to industrial extraction of logging companies in the forest area. Whereas, many communities' lives depend on the forest. Forest resources are important for the Indonesian economy, as well as for the livelihood of communities who depend on the forest. It finds themselves in situations of conflict. The aim of the study is to analyse adaptation strategy of local community which is in the forest resource conflicts. The study used mix methods. A qualitative method with a focus on ecological adaptation and livelihood strategy, while the quantitative approach stresses defining the meaning of findings or facts that are deconstructed based on the subjective perspective of the researcher. The research held in two site, namely Sungai Utik Forest which Dayak Iban Community and Halimun Salak Mountain National Park which Kasepuhan community live. The result of the research showed that conflict of the forest resources have improved the adaptation strategy of the local community. Although various problems is already attacking them, local community still have loyalty to their tradition. They have own regulation to manage and utilize land, especially for managing forest and rice planting. Faithfulness in carrying this cultural tradition out are their ecological adaptation strategy. Keywords: Adaptation Strategy, Ecological Adaptation, Conflict of Forest Resources, Dayak Iban Community, Kasepuhan Community

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CULTURAL IMPLICATIONS OF DAYAK TOMUN INDIGENOUS PEOPLES IN THE MANAGEMENT LAND RIGHTS: A CASE STUDY OF LAMANDAU, CENTRAL KALIMANTAN, INDONESIA

Humanities & Social Sciences Reviews ◽

10.18510/hssr.2020.8452 ◽

2020 ◽

Vol 8 (4) ◽

pp. 530-536

Author(s):

Achmadi ◽

Khudzaifah Dimyati ◽

Absori ◽

Arief Budiono

Keyword(s):

Indigenous People ◽

Research Method ◽

Local Community ◽

Land Rights ◽

Human Interactions ◽

Management Procedures ◽

Cultural Implications ◽

Symbolic Reality ◽

The Government ◽

Customary Land

Purpose of the study: This research aimed at highlighting the cultural implications in the context of the Dayak Tomun community in maintaining the management of land rights based on the customary in Lamandau, Indonesia. Methodology: This study used a quantitative doctrinal research method to look at the macro problems in legislation products and a qualitative non-doctrinal research method to look at the problems conceptualized at the level of microanalysis as a symbolic reality. Main Findings: This research revealed that the cultural approach perspective of the local indigenous people had an important role in the management of land rights. This study discovered the procedures for managing the people's customary land rights, which were simple and based on the local wisdom of the local community, which implied a philosophical meaning of belom behadat (living in traditions, obeying customs), human nature in protecting the realm from destruction. Applications of this study: The findings of this study may be useful for the government in Indonesia since the findings reveal information as regards the management of land rights viewed from not only the rules and laws, but also a form of behavior, actions, and actual and potential human interactions that will be patterned in the management of land rights of Dayak Tomun indigenous people. The cultural implications of the Dayak Tomun indigenous people in managing local land rights based on local wisdom are sacred. Novelty: Indigenous people's background has management procedures, which can be seen from the characteristics of traditional lands, such as the presence of planting and family tree. Meanwhile, the term in the management of land rights is a hereditary habit and contains legal values derived from beliefs (religion), customs, and social culture.

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SIKAP MASYARAKAT HUKUM ADAT BALI TERHADAP PUTUSAN MK NO. 46/PUU-VIII/2010 TERKAIT KEDUDUKAN ANAK LUAR KAWIN

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2015.v04.i03.p15 ◽

2015 ◽

Vol 4 (3) ◽

Author(s):

Ni Nyoman Sukerti ◽

I Gst. Ayu Agung Ariani ◽

I Ketut Sudantra

Keyword(s):

Indigenous People ◽

Legal Culture ◽

Customary Law ◽

Constitutional Court ◽

Legal Research ◽

Biological Father ◽

The Family ◽

Pros And Cons ◽

People’S Attitudes ◽

The Right

This study aimed to determine the knowledge of indigenous people of Bali against theConstitutional Court No.46 / PUU-VII / 2010, meaning the Constitutional Court rulingrelated to the child outside the mating position, to identify and analyze the attitudes ofindigenous communities Bali on the discharge of the Constitutional Court. This study is anempirical law with non-doctrinal approach (socio legal research).The results showed that indigenous people in general do not yet know Bali Court DecisionNo.46 / PUU-VII / 2010 was. Meaning beyond mating gives children the same rights aschildren born within marriage. Balinese people’s attitudes related to this decision, can beclassified into two: 1. Most accept the decision of the reason; children outside the matingstatus to clear, the mother can claim responsibility for the biological father of the child,the child is no longer despised in the family and society. 2. small Sebagain reject reason;children outside mating can cause problems in inheritance in biological father, contraryto the customary law of Bali, girls may prefer not to marry. The attitude of the indigenouspeoples of Bali pros and cons of the legal culture of society.Conclusion: Its meaning is to give children the right to marry outside the same as childrenborn within marriage. Balinese customary law community in general have not been awareof the Constitutional Court. Balinese people’s attitudes towards the Constitutional Courtruling pro and cons.

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Reducing Emissions from Deforestation and Forest Degradation (REDD) in Nepal: A Review

The Initiation ◽

10.3126/init.v5i0.10257 ◽

2014 ◽

Vol 5 ◽

pp. 75-83 ◽

Cited By ~ 2

Author(s):

Banu Gauli ◽

Suraj Upadhyay

Keyword(s):

Sustainable Development ◽

Developing Countries ◽

Forest Degradation ◽

Carbon Stocks ◽

Industrialized Countries ◽

Forest Resource ◽

Redd Plus ◽

Reduce Emissions ◽

The Government ◽

Available Information

Reducing Emissions from Deforestation and Forest Degradation (REDD) in developing countries is a mechanism that allows industrialized countries to offset their emissions by purchasing carbon credits from developing countries, which reduce emissions from deforestation and forest degradation by avoiding such activities. The Government of Nepal is committed to REDD through reversing deforestation and forest degradation, conservation of existing forest and enhancing forest carbon stocks, while addressing livelihoods concerns at the same time since 2009 and now it has been flourished in the country along with concept of sustainable development of the forest resource of country. Nepal has undergone different stages during this process and has planned certain strategy for the future. The assemblages of the available information on REDD in Nepal is important to over view its holistic prospect, aspect and potentiality in the least developing country like Nepal which holds the greater possibility to be benefited from the REDD. Nepal is now in the process to prepare national REDD strategy by 2013 and there are different On Going REDD -Plus Piloting Initiatives in Nepal. Nepal has greater potentiality of being benefited from REDD though some policy related to it needed to be redefined and clarify. DOI: http://dx.doi.org/10.3126/init.v5i0.10257 The Initiation 2013 Vol.5; 75-83

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Factors That Cause the Dispute of Land Alienation Using the Institutional Approach

10.20944/preprints202012.0456.v1 ◽

2020 ◽

Author(s):

Azima Manaf ◽

Zaimah Ramli ◽

Suhana Saad

Keyword(s):

Community Involvement ◽

Local Community ◽

Land Development ◽

Land Ownership ◽

Development Effort ◽

Institutional Approach ◽

Study Results ◽

The Government ◽

Customary Land ◽

Individual Ownership

Land management and community involvement are two main elements in ensuring the absence of conflict between landowners and agencies. Disputes between owners and agencies will be the biggest obstacle in the land development effort. Therefore, this article aims to address the cause of landowners’ objections against land alienation using the institutional approach. To enable the researchers to understand the root causes of landowners' objections against the alienation of land using the Communal Grant method, the institutional approach has been adopted to identify the issue of the objection. Therefore, questionnaires for 100 landowners were distributed in two villages in Semporna district in Sabah. The purpose is to obtain their views on the cause leading to the dispute of land alienation using the Communal Grant method. The Likert scale was used to enable community rankings on issues that can be understood according to the level of seriousness of the population's views on the issue of using Communal Grants in native customary land alienation. The study results explain that there are four factors that drive objection of the Communal Grant land alienation which involves the formal factors. The findings explained that there are 4 formal provisions which lead to the community's objection against Communal Grants, namely the native customary lands (NCR) act, provision of Communal Grants, provisions in the land ownership and land allocation in Sabah Land Ordinance.Due to numerous objections among native customary peoples concerning the native customary land alienation using Communal Grants, the government has acted in substitution with a fair method of individual ownership for the native customary peoples. This situation explains that disputes in land ownership can be a threat to the country if it cannot be resolved in ways and methods acceptable to the native customary community. This study will benefit the government and NGO’s to alert and focusing on barriers in the context of local community land laws. Communal grants are intended to address land issues in Sabah.

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Political ecology of the degradation of forest commons in the Chittagong Hill Tracts of Bangladesh

Environmental Conservation ◽

10.1017/s0376892907003888 ◽

2007 ◽

Vol 34 (2) ◽

pp. 153-163 ◽

Cited By ~ 25

Author(s):

GOLAM RASUL

Keyword(s):

Political Ecology ◽

Indigenous People ◽

Agricultural Practices ◽

Forest Degradation ◽

Forest Resources ◽

Rubber Plantation ◽

Chittagong Hill Tracts ◽

History Of ◽

Control And Management ◽

External Intervention

Indigenous people have widely been blamed for degrading South Asia's montane forest resources through the practice of shifting cultivation, yet some studies have revealed that indigenous people used forests in a sustainable way for centuries until external intervention. The history of external intervention in the forests of South Asia is more than two centuries old. The process of degradation of forest resources requires understanding of the political and social processes that condition access, control and management of the land and resources involved. The Chittagong Hill Tracts (CHT) of Bangladesh, a part of the Himalayan region, underwent essentially the same socio-political and historical processes as many other countries in the region and had very similar experiences in forest management. By examination of policies and associated effects on CHT forest over the past two centuries, this paper reveals that the process of forest degradation in the CHT started during the British colonial period with the nationalization of forests, establishment of reserve forests (RFs), management of forests by government agencies and weakening of traditional institutions. The process of degradation was accelerated by: privatization of forest land for the promotion of sedentary agriculture, horticulture and rubber plantation; the construction of a hydraulic dam on the Karnafuli River; the settlement of lowland people; and the constant conflict between indigenous people and the Forest Department. The degradation of CHT forests is not only the result of traditional agricultural practices, but also of many other factors including inappropriate policies and programmes.

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Forest Management Based on Local Culture of Dayak Kotabaru in the Perspective of Customary Law for a Sustainable Future and Prosperity of the Local Community

Resources ◽

10.3390/resources8020078 ◽

2019 ◽

Vol 8 (2) ◽

pp. 78 ◽

Cited By ~ 1

Author(s):

Ifrani ◽

Abby ◽

Barkatullah ◽

Nurhayati ◽

Said

Keyword(s):

Forest Management ◽

Indigenous Peoples ◽

Local Community ◽

Sustainable Forest Management ◽

Critical Role ◽

Legal Protection ◽

Customary Law ◽

Local Culture ◽

The Government ◽

Future Policy

Forest management in Indonesia has not yet been able to realize the constitutional mandate which was followed by uncontrolled forest destruction. Implementing a good forest government system is necessary. Therefore, it is essential to give indigenous peoples the authority to play a more critical role in forest management in the future. This study aims to find a form of sustainable forest management and sanctions for the perpetrators of forest destruction based on Dayak Kotabaru’s indigenous people. This study uses the normative juridical method that focuses on data in the form of primary, secondary, and tertiary legal materials. While the objectives of this study are to review and describe the problems due to the absence of legal protection for customary rights, we also examine the extent of forest management by the Dayak Kotabaru’s customary law and seek to formulate forest management solutions in Indonesia based on the local culture as a prescriptive future policy. The results of this study indicate that a large amount of permits, given by the government to the private sector for forests in possession of indigenous peoples, are overlapping and as a result have increasingly marginalized the indigenous community and acted as a drawback to development. Forest management through the local culture, such as the Bera system in Dayak Kotabaru, can be beneficial for the local community, because locals will enjoy the production of farms and gardens, the soil will be naturally fertile because of a four year interlude, and the forest will remain sustainable as less forest area is cut down.

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