11th Annual International Conference on Industrial Engineering and Operations Management

JURIDICAL OVERVIEW OF EXISTENCE COMMUNITY CUSTOMARY FORESTS

Muhamad Chairul Basrun Umanailo
Publisher: IEOM Society International
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Track: Decision Sciences
Abstract

In principle, forest and forestry management is a management process for all components of the ecosystem, including humans. Utilization of forests to facilitate economic growth has eliminated the interests of customary forest communities, the rights of indigenous peoples have clearly been protected as human rights, as stated in Law Number 39 of 1999 concerning the basic provisions of human rights. The people of Buru District, Grandeng Village, have an area of forest area for other uses of around 600 hectares which can be used for the benefit of local communities, but there are often problems between the Transmigration Community and Indigenous People who have unresolved ownership of land areas under customary law, as well as the involvement of the local government Buru Regency in providing solutions to problem solving, the method used is descriptive qualitative interview instruments and a review of legal documents related to the research theme. The results that can be conveyed are the utilization of Customary forest products and their management by the community in Lolongguba sub-district, often in coordination with Hinolong Baman or the Head of Soa, which means that legally the implementation of the Constitutional Court Decision, No.35 / PUU-X / 2012 concerning the Existence of Community Customary Forests has been implemented in the community, however the institutionality of the Waeapo Plains Indigenous Peoples has not been maximized, both in the implementation of customary law norms, as a result of factors, human resources, economy, social and customary institutions themselves. Based on legal research, it is necessary to formulate a legal umbrella both Government Regulations and Regional Regulations relating to ownership of forests and forest products.

Published in: 11th Annual International Conference on Industrial Engineering and Operations Management, Singapore, Singapore

Publisher: IEOM Society International
Date of Conference: March 7-11, 2021

ISBN: 978-1-7923-6124-1
ISSN/E-ISSN: 2169-8767