Sosio-legal analysis of forest cleaning process onMarind travel district Merauke

Abstract

The socio-legal analysis the process of transferring customary forest into plantation land on the marind tribe. This study aims to (1) analyze indigenous and plantation forests in the literature of legislation - (2) to describe the conservation of land function (3) to describe the Marind / Malind indigenous peoples (4) to analyze the process of natural transition (land/forest) marind. The research method used is the method of socio-legal research, which is a method of research approaching a problem through a merger between normative analysis with non-legal science approach given the law. That is by conducting studies and analysis related to forest clearance. Data collection is done by collecting primary legal materials in the form of laws and regulations and constitutional court decisions and also collecting secondary legal materials in the form of legal opinions, doctrines or theories derived from legal literature, research results, scientific articles, and related websites with research, and interviews that are then used to provide an explanation of the primary legal material. The conclusion of this research is (1) that the definition of forest in Law No. 18 of 2013 about prevention and Restriction of Forest Destruction according to the forest in the perspective of the Marind because it describes the forest as a unity of ecosystem that formed naturally and not formed because set by the government. (2) Land transition process by Marind has to go through several customary ritual processes conducted by the Marind tribe then bring up to some statement from the indigenous peoples which are called by “Letter of Release of Adat.” That letter of release than becoming evidence of land transfers from indigenous peoples to another tribe legal entity for then made for one of the requirement to manage and manufacture the Land Certificate. (3) the process of disposal of land using customary rituals and get approval from various parties Masyarakat we can conclude that the step is a step of responsibility towards future generations, so then there will be no problems and disputes in the future either to investors/buyers of land.