Documenting Legal Protection of Indigenous Forests in Realizing Indigenous Legal Community Rights in Jambi Province

Authors

Helmi Helmi, Universitas Jambi
Hafrida Hafrida, Universitas Jambi
Fitria Fitria, Universitas Jambi
Johni Najwan, Universitas JambiFollow

Date of this Version

Fall 9-16-2019

Abstract

Inauguration for the establishment of customary forests is a form of legal protection for the right management of indigenous people in Indonesia included in Jambi Province. The Forestry Law and government regulations as derivative products do not mention the legal form of establishing customary forests in Indonesia. While the Minister of Environment and Forestry's Regulation on Social Forestry, Forest Rights, Recognition and Protection of Local Wisdom in the Management of Natural Resources and the Environment confirms the legal form are called as the minister's decree. When it is associated with the nature of regional autonomy in accordance with the 1945 Constitution, this form of law creates legal problems. Hence, the question answered in this study was the right legal form of customary forest inauguration and its implications for the authority of the regional government, village government, and the legal community itself. In Bungo, Merangin, Sarolangun, and Kerinci Regencies of Jambi Province, the legal forms of customary forest gazettement are Regional Regulations, Regents of the Regents, and Customary Agreements. Finally, based on Minister of Environmental and Forestry Regulation No. 32 of 2015 concerning Forest Rights and Minister of Environmental and Forestry Regulation No. 83 of 2016 concerning Social Forestry, the legal form of inauguration for the establishment of existing forests is declared to remain valid. The results of this study, the right legal form was called as the regent's decree. Second, the implications of this form of law will strengthen regional autonomy and village autonomy as well as customary law communities in relation to the regional government system in Indonesia. Temporary recommendations are also provided such; first, to provide legal certainty for the legal community in the management of customary forests in Indonesia, the stipulation of customary forests is confirmed in the Environmental and Forestry Ministerial Regulation in the form of a regent's decree. Second, for this reason, it is necessary to make changes to the Minister of Environment and Forestry in the field of social forestry, particularly regarding the legal form of confirmation for the establishment of customary forests by legal communities in Indonesia.