Role of customary forest recognition and social trust in community-based biodiversity conservation in Bungo, Jambi, Indonesia

Indonesian forest management system mandates that the forest is controlled by the state and that its management is given to the entrepreneur so that the people in and around the forest only de facto control and utilize the forest. In de jure, the community does not have legal access to direct use of the forest. This condition causes tenurial conflicts between the community and the Company. The purposes of the research were: 
 
 To identify and analyze the ecological, socio-cultural and economic benefits of the Hemaq Beniung Customary Forest (hutan adat), 
 To observe the mechanisms for implementing traditional/customary local institutions in the management, 
 To observe and analyze the challenges and obstacles to implementing traditional local institutions (customary rules/laws) in the management of the customary forest, 
 To verify the success of the management of the Hemaq Beniung Customary Forest in realizing a prosperous society and ecosystem sustainability. 
 
 The research was carried out from December 2021 to June 2022. The research site was in the Hemaq Beniung Customary Forest, Juaq Asa Village, West Kutai Regency. Sources of primary data were respondents and the Hemaq Beniung Customary Forest Management, as well as field surveys in customary forest areas. Secondary data were from references or journals as well as written documents. The method of data analysis is descriptive qualitative by describing a condition or event in a systematic and accurate way that can answer questions such as what, where, when and how. The results of the study have documented the role of adat through customary law, which is very central in managing the Hemaq Beniung Customary Forest. The customary laws that have been studied and documented include prohibitions and regulations to protect customary forests and how to fine those who violate customary rules. Meanwhile, the detailed procedures for customary fines are carried out verbally through a customary court (Sidang Adat). The role of customary law in preserving Customary Forests is central because all violations of the Customary Forest are carried out by the Customary Institution. Even violations or crimes in the village are also carried out through the Adat. The success of Hemaq Beniung Customary Forest Management was because the Customary Institution has met the Successful Criteria provided by Agrawal and Sustainability Principles by Ostrom. Obstacles and challenges to the implementation of customary law in conserving Customary Forests have been identified by four aspects: 
 
 Land allocation, where the villagers themselves become obstacles to the development of Customary Forests because they do not have a mindset for forest conservation, 
 The value of customary fines, where the 'unwritten' rules require traditional leaders who really understand the intricacies of customary law, 
 Regeneration of the implementation of customary fines where the interest of the younger generation to study law and customary fines is decreasing even though customary fines must be carried out carefully by a competent person, 
 Government recognition has supported the successful implementation of Customary Forests.

The determination of indigenous peoples' rights to customary forests has been regulated and recognized in the State Constitution of the Republic of Indonesia of 1945 and Law Number 5 of 1960 concerning Basic Provisions of Agrarian Principles (UUPA) and the Constitutional Court Decision of the Republic of Indonesia Number 35 of 2012, but until now there are still many government activities and companies holding Forest Concession Rights Permits that claim customary forests as state forests. This has resulted in conflicts in customary forest management. This study aims to analyze the causes of conflicts over customary forest land conversion in the Gowa Regency and analyze the legal consequences of conflicts in the Gowa Regency customary forest areas. This research uses qualitative research with a descriptive type. By conducting in-depth interviews with the Gowa District Forestry Service, Customary Leaders and company leaders holding Forest Concession Rights Permits. The results showed that there was a conflict in customary forest management in Gowa Regency, caused by each party, both local governments, Forest Concession Rights (HPH) holders and indigenous peoples claiming that they did not clearly understand the meaning contained in the legislation and also the Gowa Regency Regional Regulation which recognized the rights of indigenous peoples only limited to recognition but in fact, deprived indigenous peoples of their rights in the form of forests, as a result of the legal occupation of customary forest areas in Gowa Regency by local governments and HPH Permit Holders, flooding and erosion due to massive deforestation and residents around the forest are declining health level (Poor). For this reason, the local government is expected to immediately make optimal efforts to empower indigenous peoples in the form of forests so that they can improve their welfare and not give permission to companies to manage customary forests in the Gowa Regency so that conflicts are not prolonged.

ABSTRACT
 The purpose of this research is to describe the role and to find out the obstacles of Karang Taruna in Sajau Village in preserving customary forests based on local wisdom. This study used descriptive qualitative method. The results showed that the role of Karang Taruna in the preservation of customary forests in Sajau Village was to collaborate with customary institutions, village government, and the Sajau Village community to monitor, report, and enforce customary law based on local wisdom. Constraints in the preservation of customary forests are due to internal factors of the Sajau Village community taking wood in the customary forest without the permission of the customary institutions and the Sajau Village government and external factors there are people who do not know the boundaries of the customary forest, and the company is interested in buying customary forest land. The conclusions of the research are (1) the role of Karang Taruna in the preservation of customary forests, namely: Coordination with the village government and the Sajau Village customary institution to make and stipulate customary rules, conduct supervision, maintain customary forests, enforce customary law (2) Constraints in the preservation of customary forests, namely: Threats from within the village, communities from outside the village and threats from companies.
 Keywords: Adat, Forest, Wisdom, Youth Organization.

The access of the Marena indigenous people in Enrekang Regency, South Sulawesi Province, Indonesia to their land has changed from time to time. Since community land is claimed by the state as state forest areas, community access is limited. When the Marena indigenous people obtained a customary forest decree from the Ministry of Environment and Forestry, community access was regulated through customary control. This article focuses on the dynamics of access for the Marena indigenous people in accessing their land. This qualitative research was conducted in the Marena customary territory. There were 16 informants consisting of traditional leaders, former hamlet heads, head of AMAN, land owners, and the Marena indigenous people who do not own land in the customary forest. Primary data was collected using observation and in-depth interviews, while secondary data from various regulations (i.e. Constitution, Law, Government Regulation, Regional Regulation, District Head Decree, Constitutional Court of Indonesia Decree, etc.) and related publications (books, articles, reports, etc.) were also examined. The results of this study indicate that community access to forests is determined by state policies. In the beginning, the community had free access to their land before their plantations became state forest areas. Changes in the status of community land to state forest areas, limiting community access to their land so that the Marena indigenous people have to make some efforts, namely mediation, uprooting poultices, logging clandestinely and openly, poisoning pine trees, and expelling rude forest rangers. Changes in forestry policy after the Orde Baru era marked the era of recognition of forest management by indigenous peoples. This is used by the people in Marena's customary territory to free up their land which was previously made into state forest. For that, they are assisted by AMAN and the local government. AMAN played a role in facilitating the Marena indigenous people in legalizing their customary forest. The Enrekang Regional Government played a role in issuing the Enrekang Regency Regional Regulation No. 1 of 2016 concerning Recognition and Protection of Indigenous Peoples in Enrekang Regency and District Head Decree No. 155/KEP/II/2018 concerning Recognition of Marena Customary Law in Enrekang District recognition of customary forests. The government of Pekalobean and Singki villages played a role by giving approval for Marena's customary territory. It is undeniable that the involvement of these institutions have an important role in their land acquisition. In addition, the boundaries of customary forest areas are quite dynamic. Customary forest is a mechanism to protect community land, so that they can access their land and take advantage of natural resources in customary forests. However, customary rules need to be updated, so that they are relevant to today's context. In addition, the management of resources in the form of pine can be exploited for its economic potential by utilizing pine sap and making it a tourist attraction. Recognition of indigenous peoples needs to be tightened because it is political to reclaim access to natural resources.

One form of wealth for the Indonesian nation is that the existence of Indigenous Law Communities (MHA) are recognized and respected as The rights of the MHA to natural resources, land, and forests have not been clearly regulated in a single legislation, but the MHA's control over customary forests is evident. Several customary forests in Kerinci Regency have been officially designated as customary forests based on the Decree of the Minister of Environment. The control of customary forests requires the recognition and affirmation of the MHA through Regional Regulations based on Law Number 41 of 1999 concerning Forestry. However, the Kerinci MHA, as the rightful owners of customary forests, have not yet received protection and recognition through Regional Regulations, which could threaten their sustainability. The research method used is empirical juridical. The research results show that customary forests in Kerinci Regency have been designated as customary forest areas or rights forests as stated in the Ministerial Decree, which recognizes the existence of the MHA as the rightful owners based on the Decree of the Regent of Kerinci. Although the Regent's Decree does not provide adequate explanations about the status, structure, and customary institutions managing the customary forests, it indirectly acknowledges the existence of the MHA entitled to the customary forests. Meanwhile, regulations on customary forest management should also be adjusted to facilitate protection mechanisms for the MHA. As the region with the most customary forests in Jambi Province, it is hoped that the Kerinci Regency Government can draft Regional Regulations concerning Indigenous Law Communities so that customary forests can be preserved and sustained for future generations.

Certainty of tenure rights has been a problem related to disputes over the use, control, management, and use of forest areas that lead to the neglect of the rights of local indigenous peoples. This study aims to identify the existence and recognition of the indigenous "Ammatoa" Kajang community and analyze tenure rights that ignore the rights of the indigenous "Ammatoa " people against customary forests. The method used in this study is a qualitative method with descriptive analysis to provide a systematic, factual and accurate picture of tenure rights in management customary forest "Ammatoa". The results showed that the indigenous community of "Ammatoa" is still strong with customary institutions and customary values that are maintained, such as Pasang ri Kajang as The values that govern all aspects of the life of the "Ammatoa" Kajang Customary Law Community relate to social, cultural, governance, trust, environmental and forest conservation issues. Tenure rights carried out by PT. Lonsum who accesses and manages, excludes, and transfers the tenure rights of the Kajang "Ammatoa" customary forest which has received state recognition based on a Constitutional Court Decision Decree Number 35/PUU-X/2012 and Regional Regulation of Bulukumba Regency Number 09 of 2015 concerning Confirmation, Recognition of Rights, and Protection of the Rights of Customary Law Peoples Ammatoa Kajang. Along with the birth of these two legal bases, there was also a conflict/dispute over the control and management system of the customary forest "Ammatoa" between indigenous community "Ammatoa" with the existence of a rubber plantation company (PT Lonsum, Tbk) occupying the Ammatoa customary forest area with Business Use Rights (HGU).

Objective: One of the issues raised in the research on the recognition of customary forests in North Aceh District concerns the issue of customary forests after the Constitutional Court (MK) decision No. 35/PUU-X/2012 regarding customary forests. Indigenous forests are now officially recognised as belonging to indigenous communities, no longer to the state. This recognition comes from During 2016 to 2021, forests in Aceh have experienced deforestation of 100,510 hectares of forest, thus Aceh's forest cover is currently 3,004,532 hectares. Methods: This research started from July 2023 to November 2023. This research is an empirical legal research with a qualitative approach that uses primary data and secondary data to obtain primary data, respondents and informants are determined. Results: The purpose of this study is to maximise Criminal Law Enforcement Against Forestry Crimes in Aceh, seeking related agencies and law enforcers to provide protection of customary forests based on local wisdom in forestry crimes and recognition from the Aceh government to determine or sort out which land is state forest and which is customary forest land so as to provide welfare for Indigenous Peoples, especially in this study in Aceh. Discussion: The recognition of customary forests in Aceh has been regulated in Qanun No. 7 of 2016 concerning Aceh Forestry, but in this study, namely North Aceh District and Central Aceh District, the recognition of customary forests is still not effective, among others, influenced by juridical factors, economic factors and community culture, and social factors.Against the Urgency of Indigenous Forest Protection Based on Local Wisdom Principles in Aceh, especially in this study in North Aceh District and Central Aceh District against law enforcement carried out in forestry crimes using customary sanctions in the form of paying fines such as, diyat, suloh, and sayam.

Customary Forest is one of the social forestry schemes in the framework of sustainable forest management by utilizing indigenous communities as the main actors in order to improve welfare, environmental balance and socio-cultural dynamics. Customary Forest is a forest located within the territory of the customary law community. This study aims to examine the role of the Social Forestry Business Group (SFBG) and customary institutions in the management of Customary Forests in Hutumuri village.. The research method used was descriptive qualitative, with data collected through interviews and field observations. Sampling is done by purposive sampling where sampling is based on previously known characteristics or properties of the population (Sugiyono, 2016). The results showed that SFBG has an important role in managing forest resources sustainably and improving the welfare of local communities. SFBG functions in social forestry business development, compliance with regulations, supervision, evaluation, and reporting. The SFBG organizational structure includes a chairperson, secretary, treasurer, planning, implementation, and supervision, each with specific roles. Customary institutions also play an important role in the planning and implementation of institutional improvement programs, such as the inauguration of soa heads and saniri negeri, the establishment of SFBG, and training on forest product processing. In addition, there is a role in the application for the determination of customary forests to the Minister of Environment and Forestry, the location of customary forests belongs to the state or Soa, and the marking of boundaries involves each Soa. In conclusion, the synergy between SFBG and customary institutions is crucial for the successful management of Hutan Adat in Negeri Hutumuri.

In Aceh, there are currently many differences of opinion regarding whether or not mukim should be treated as members of the customary law community in terms of monitoring customary forests. In the context of the country as a whole, mukim are only recognized in the Aceh government structure, while in Indonesia their existence is not recognized. Therefore, a number of parties oppose the authority of mukim in managing Aceh's customary forest land. The purpose of this study was to determine the role and authority of Imuem Mukim and the challenges of sustainable customary forest management in Aceh Jaya Regency. The methodology used was qualitative descriptive, and data collection was carried out through documentation, interviews, and observations. The steps taken in data analysis were data reduction, data presentation, and drawing conclusions. The results of the study showed that Imuem Mukim Panga Pasi and Imuem Mukim Krueng Sabee, who each act as customary leaders and government leaders, have not implemented sustainable management of Aceh Jaya's mukim customary forests. The challenge faced is the lack of community understanding of the importance of the duties and authority of Imuem Mukim in managing mukim customary forests in Aceh, especially Aceh Jaya.

The indigenous people of Ewiri Village are part of the ulayat (petuanan) Massarette in South Buru, which has local wisdom in Sasi (sihit), Enhamat, Tane Mehet, indigenous forests, Karamat/ Pamali, and Dusun. Indigenous peoples in Ewiri Village still have the structure and form of indigenous peoples, indigenous institutions, customary institutions, customary jurisdictions, customary law sanctions, and a very high dependence on indigenous forests. This study examines the management of customary forests in Ewiri Village, Leksula District, South Buru Regency. The research method used is descriptive research used to describe a human group's status or a particular data. Data is collected through interviews of respondents and key informants. The results showed that the management of indigenous forests in Ewiri Village has a relatively high dependence on forests. The community still maintains the customs, traditions of their ancestors, local wisdom, local knowledge, and other land-use practices. Customary Forest Ownership Rights are regulated based on the distribution of houses or soa indigenous peoples of Ewiri Village. The existing margas are Selsily Clan (Gefua), Solissa Clan (Mual), Lesnussa Clan (Masbait), Nustelu Clan (Marmau) and Behuku (Humboti). The pattern of utilization and management of customary forests by the indigenous people of Ewiri Village has stages, including land clearing, planting stage, maintenance stage, and harvesting and marketing stage. Forms of customary forest management include natural forests, gardens, and hamlets/air.

Indigenous people have the knowledge from generation to generation to maintain and protect forest resources around them. The role of local wisdom of the Cerekang indigenous people in protecting and preserving the customary forest is very much needed for the survival and function of the forest. This study aims to describe and explain the role of local wisdom of indigenous peoples in protecting and preserving customary forests. Data obtained directly through surveys and direct field observations, data collected through observation and interview methods are processed and classified according to research objectives and then analyzed using qualitative data analysis. The results obtained are that the Cerekang customary forest is a customary forest that has a principle of sustainability, there is no management at all by the cerekang customary community so that in maintaining and preserving the cerekang customary forest it is carried out by customary stakeholders, customary institutions, Cerekang customary communities and the village government

This research is about disaster mitigation in the local wisdom of the Guguk Village Traditional Forest. This research aims to determine disaster mitigation in local wisdom in the management of Customary Forests by the Guguk Village community. The method used in this research is qualitative with a case study approach. Data collection was collected through observation, interviews and documentation. The results of the research show that: (1) There is a foster tree program and a distance of 50 meters from the riverbank in the Customary Forest area to prevent landslides in the Guguk Village Forest area (2) Maintaining the ecosystem around the river in the village area prevents flood disasters. (3) Land clearing regulations in the Sesap forest prevent fires. (4) Customary sanctions in the form of fines if there is a violation of customary law prevent social conflict within the Guguk Village community and from outside Guguk Village. Disaster mitigation in local wisdom contained in the management of the Guguk Village customary forest is based on the Lantak Sepadan Charter (collective agreement) which is the guideline for acting and thinking. The Lantak Sepadan Charter is the basis of wise and wise traditional knowledge, including preventing disasters. ABSTRAKPenelitian ini mengenai mitigasi bencana dalam kearifan lokal Hutan Adat Desa Guguk. Penelitian ini bertujuan untuk mengetahui mitigasi bencana dalam kearifan lokal pada pengeloaan Hutan Adat oleh masyarakat Desa Guguk. Metode yang digunakan dalam penelitian ini adalah kualitatif dengan pendekatan studi kasus. Pengumpulan data yang dikumpulkan melalui observasi, wawancara, dan dokumentasi. Hasil penelitian menunjukkan bahwa : (1) Adanya program pohon asuh dan jarak penebangan pohon 50 meter dari bantaran sungai di wilayah Hutan Adat agar tidak terjadi longsor pada wilyah Hutan Desa Guguk (2)Terjaganya ekosistem di sekitar sungai yang ada di kawasan desa mencegah dari bencana banjir. (3) Aturan pembukaan lahan dibagian hutan sesap mencegah terjadinya kebakaran (4) Sanksi adat berupa denda jika terjadi pelanggaran hukum adat menghindarkan dari konflik sosial pada masyarakat Desa Guguk maupun dari luar Desa Guguk. Mitigasi bencana dalam kearifan lokal yang terdapat pada pengelolaan Hutan adat Desa Guguk didasari oleh Piagam Lantak Sepadan (kesepakatan bersama) yang menjadi pegangan dalam bertindak dan berpikir. Piagam Lantak Sepadan merupakan dasar dari pengetahuan tradisional yang arif dan bijaksana, termasuk juga dalam mencegah bencana.

This study examines the harmonization between customary law and Islamic law in managing the Lubuk Larangan tradition in the Tambangan District, Mandailing Natal community. The main focus of the study is to analyze the application of customary sanctions against violations of the Lubuk Larangan rules from the perspective of Islamic criminal law, to spread the harmony of this tradition with the values ​​of maqashid al-syariah, and to explore its contribution to creating harmony between customary norms and Islamic law. This study uses a qualitative approach with a case study design involving seven villages, namely Tambangan Tonga, Tambangan Jae, Rao-Rao Lombang, Rao-Rao Dolok, Tambangan Pasoman, Laru Lombang, and Lumban Pasir. Data were obtained through interviews with customary leaders (hatobangon), religious leaders, and village officials, as well as participatory observation of the implementation of the tradition. The study results indicate that the lubuk larangan tradition functions as a local mechanism in sustainable natural resource management and reflects the application of the principle of hifz al-bi'ah in maqashid al-syariah. Customary sanctions in the form of varying fines have been proven to align with the ta'zir principle in Islamic criminal law, which emphasizes the deterrent effect and restorative justice. This lubuk larangan tradition contributes to maintaining social harmony through combining local wisdom and Islamic values. It is an effective means of preserving the environment while strengthening the cultural identity of the local community.

This study examines the harmonization between customary law and Islamic law in managing the Lubuk Larangan tradition in the Tambangan District, Mandailing Natal community. The main focus of the study is to analyze the application of customary sanctions against violations of the Lubuk Larangan rules from the perspective of Islamic criminal law, to spread the harmony of this tradition with the values ​​of maqashid al-syariah, and to explore its contribution to creating harmony between customary norms and Islamic law. This study uses a qualitative approach with a case study design involving seven villages, namely Tambangan Tonga, Tambangan Jae, Rao-Rao Lombang, Rao-Rao Dolok, Tambangan Pasoman, Laru Lombang, and Lumban Pasir. Data were obtained through interviews with customary leaders (hatobangon), religious leaders, and village officials, as well as participatory observation of the implementation of the tradition. The study results indicate that the lubuk larangan tradition functions as a local mechanism in sustainable natural resource management and reflects the application of the principle of hifz al-bi'ah in maqashid al-syariah. Customary sanctions in the form of varying fines have been proven to align with the ta'zir principle in Islamic criminal law, which emphasizes the deterrent effect and restorative justice. This lubuk larangan tradition contributes to maintaining social harmony through combining local wisdom and Islamic values. It is an effective means of preserving the environment while strengthening the cultural identity of the local community.

This study aims to describe and identify local wisdom in the management of the Tigo Luhah Kemantan Customary Forest (HATLK) from the aspect of forest management elements (planning, organizing, actuating, controlling or POAC). HATLK is one of the customary forests in Kerinci Regency which has very good forest conditions. One of the problems or obstacles in the management of HATLK is the influence of modernization or the entry of a new culture in the HATLK community. The type of data used in this study consisted of primary data and secondary data. Primary data was obtained from qualitative data directly at the research site, through in-depth interviews with informants, then along with observation and documentation of research activities. Secondary data is obtained through books, archives, reports, publications from the government/private sector, census results, journals and others that support primary data. Based on the results obtained by the local wisdom of the Six Villages of Kemantan in the management of HATLK, apart from the cooperation of the community in forming customary forest management, it is also inseparable from the important role of customary institutions, because for the people of Kemantan, customary institutions are the highest institutions that regulate and supervise human interaction. with the environment. These traditional institutions are the Depati, Pemangku, Ninik Mamak/Pateh/Rio, and Hulubalang, which have their respective roles and functions. Characteristics The local wisdom of the indigenous peoples of the Six Kemantan Villages in HATLK Management is manifested in the form of trust, and customary law which contains applicable norms and rules, so that if these norms and rules are violated, they will get sanctions.