STRENGTHENING THE POSITION OF INDIGENOUS PEOPLE IN THE MANAGEMENT OF THE FOREST BY SUBSQUENT OF THE CONSTITUTIONAL COURT DECISION OF REPUBLIK INDONESIA NO.35/PUU-X/2012 TO SUPPORT OF REDD+ INDONESIA

Anti Mayastuti

doi:10.20961/yustisia.v6i2.12866

Abstract

The problems of disputes over land ownership of forest between the government (in this case is the state) and the community, has been occured tens of years ago, but the increase was higher along with just an era of reform. A possession of forest resources has been dominated by large employers with the strength of their capital, while the local community (in this case of indigenous people) who rely on forest resources for generations before this country stood, their fate was even more marginalized. In fact, the existence of indigenous people with local wisdom value, plays an important role in forest management, as recognized in Act No.41 of 1999 about Forestry. Inequality of distribution of forest resources this mastery was seen as a base for real social conflict happens in the life of the community law. Furthermore it was published constitutional court’s verdict of RI No.35/PUU-X/2012 to provid e access to justice for indigenous people over the mastery of the forest. This recognition is strengthened by the existence of a REDD + Program aims to reduce emissions from deforestation and forest degradation that requires the existence of a customary law society active participation through the empowerment of local wisdom values.

Highlights

RESULT AND DISCUSSIONX/2012 are, First, the Forestry Act which incorporate indigenous forest as part of the state forest is a form of neglect against the rights of indigenous people and is a violation of the constitution
The structure is not recognized or the mastery of Indonesia's natural resources including forest resources many large employers are dominated by the power of their capital
Whereas collateral position of indigenous people is very clearly stated in Article 18B subsection (2): the State recognizes and respects the entities of community law and their traditional rights are all still alive and in accordance with the development of society and the principle of the unitary State of the Republic of Indonesia, which is set in the legislation

Summary

RESULT AND DISCUSSION

X/2012 are, First, the Forestry Act which incorporate indigenous forest as part of the state forest is a form of neglect against the rights of indigenous people and is a violation of the constitution. In an award the Contitutional Court says that there are three legal subject which is regulated in the act, namely the Forestry country, indigenous people , and the holder of the rights to the land upon which there is a forest. This principle reaffirms the status of forest which consists of state forest, a forest of indigenous people and forest rights an individual/legal entity.

According NKRI Principles

Findings

Based Regulation