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

Ifrani, Fathul Achmadi Abby, Abdul Halim Barkatullah, Yati Nurhayati and M. Yasir Said
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Ifrani: Faculty of Law, Universitas Lambung Mangkurat Banjarmasin, South Kalimantan 70123, Indonesia
Fathul Achmadi Abby: Faculty of Law, Universitas Lambung Mangkurat Banjarmasin, South Kalimantan 70123, Indonesia
Abdul Halim Barkatullah: Faculty of Law, Universitas Lambung Mangkurat Banjarmasin, South Kalimantan 70123, Indonesia
Yati Nurhayati: Faculty of Law, Universitas Islam Kalimantan Muhammad Arsyad Al-Banjari Banjarmasin, South Kalimantan 70123, Indonesia
M. Yasir Said: Faculty of Law, Universitas Islam Kalimantan Muhammad Arsyad Al-Banjari Banjarmasin, South Kalimantan 70123, Indonesia

Resources, 2019, vol. 8, issue 2, 1-17

Abstract: 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.

Keywords: forest sustainability; customary law; Dayak Kotabaru; local prosperity; Indonesia (search for similar items in EconPapers)
JEL-codes: Q1 Q2 Q3 Q4 Q5 (search for similar items in EconPapers)
Date: 2019
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (3)

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