Policy Directions Of The Government And Local Governments In The Recognition Mechanism Of Indigenous Law Communities

Abstract

Recognition of customary forest can be suspended if it is not in accordance with community development and is contrary to the principles of the Unitary State of the Republic of Indonesia, then customary forest must be seen as state forest. Policies contained in laws and regulations are often not implemented in accordance with people's expectations, can even cause problems in society, for example, the policy is contained in the provisions of Article 1 point 6 and Article 5 of Law Number 41 of 1999 concerning Forestry, and the Constitutional Court Decision Number 35/PUU-IX/2012 is declared contrary to the 1945 Constitution and therefore the provision has no binding legal force, Thus, the position of customary forest after the Constitutional Court Decision Number 35/PUU-IX/2012 as forest located within the territory of customary law communities with due regard to the rights of customary law communities as long as the fact still exists and is recognized for its existence, and does not conflict with national interests in accordance with with the development of society and the principles of the Unitary State of the Republic of Indonesia as regulated by law. The policy directions of the Government and Regional Governments should be in the regulation of customary forests after the Constitutional Court Decision Number 35/PUU-IX/2012 are as follows: Determine the area which is customary forest separate from state forest management, and is designated as a buffer zone for state forest areas; melakukan pengaturan masyarakat hukum adat melalui pemberdayaan masyarakat sesuai kearifan lokal; to regulate customary law communities through community empowerment according to local wisdom; provide guidance and guidance to customary law communities regarding procedures for utilizing customary forests according to local wisdom.Keyword : Policy, Government, Local Government, Indigenous