The Urgency of Protecting Customary Forests Based on The Principle of Local Wisdom in North Aceh

Abstract

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.