SYNERGY FOR THE EXISTENCE OF CUSTOMARY FORESTS AFTER THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 35/PUU-X/2012 REVIEW OF LAW NO. 41 OF 1999 CONCERNING FORESTRY

Dewi Sartika and Yuliandri S
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Dewi Sartika: FKIP Universitas Graha Nusantara Padangsidimpuan, Indonesia
Yuliandri S: Faculty of Law Andalas University Padang, Indonesia

International Journal of Entrepreneurship, 2021, vol. 25, issue 4

Abstract: In Law Number 41 of 1999 concerning Forestry, it is stated that customary forest is a state forest located within the territory of customary law communities (MHA). This creates injustice and great loss for MHA. And it is clearly against the constitution of the Republic of Indonesia, the 1945 Constitution. After the Constitutional Court Decision Number 35 / PUU-X / 2012 it was stated that customary forest is forest located in the territory of MHA, and no longer State forest. This is a decision that MHA all over the country have been waiting for. But in reality in the field there are still many customary forests that are still claimed unilaterally by the Government. And it is made worse by the process of conditional recognition of the existence of MHA through a Regional Regulation which is considered very difficult and convoluted. In this regard, the problem discussed in the research is what are the inhibiting factors for returning customary forests to MHA after the Constitutional Court Decision Number 35/PUU-X/2012? This research is a normative legal research. With a statute approach and a historical approach. This study uses secondary data, namely data obtained through primary legal materials as well as secondary legal materials and tertiary legal materials, namely materials that provide instructions for primary legal materials and secondary legal materials. The focus in this qualitative analysis is a study related to the integration of the substance (material) of laws and regulations regarding the synergy of the existence of customary forests after the Constitutional Court Decision. The results of the study show that the inhibiting factors for the return of customary forests are a) Conditional recognition of Article 67 paragraph (2) of the Forestry Law which is considered administratively burdensome to MHA. Although there has been a legal product of regional regulations concerning the recognition of MHA, the return of customary forest cannot be enjoyed automatically. There are still steps as stipulated in Article 4 paragraph (1) and paragraph (3) of the LHK Ministerial Regulation. It is made worse by the absence of budgetary political alignments in the determination of customary forests, a) Differences in perspectives across ministries (sectors). The current sectorial laws are still considered unfair to MHA, b) Another contributing factor is the lack of good will from several local governments.

Keywords: Synergy; Customary Forest; Constitutional Court Decision 35/PUU-X/ 2012 (search for similar items in EconPapers)
JEL-codes: Q23 (search for similar items in EconPapers)
Date: 2021
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