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All Journal Adagium: Jurnal Ilmiah Hukum Vox Populi: Jurnal Umum Pengabdian Kepada Masyarakat
Ica Karina Ramadania Wati
Universitas Merangin
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Penguatan Peraturan Desa (Perdes) Berbasis Kearifan Lokal Dalam Pengelolaan dan Perlindungan Hutan di Desa Tanjung Mudo Harmaini Harmaini; Muhtar Dahri; Febrian Chandra; Salman; Ditya Putri Wulansari; Ica Karina Ramadania Wati; Nurhayati
Vox Populi: Jurnal Umum Pengabdian Kepada Masyarakat Vol 3 No 1 (2026): Vox Populi: Jurnal Umum Pengabdian Kepada Masyarakat
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/voxpopuli.v3i1.367

Abstract

Tanjung Mudo Village has abundant forest resources and inherits local wisdom values in maintaining its ecosystem. However, environmental degradation and the influx of external influences threaten forest sustainability and dilute these traditional values. This community service activity aims to strengthen the capacity of village officials and the community in establishing legal instruments in the form of Village Regulations (Perdes) on Forest Management and Protection based on local wisdom. The method used is Participatory Action Research (PAR) through the stages of socialization, Focus Group Discussion (FGD), legal drafting assistance, and public testing of the draft Perdes. The results of the service showed an increase in village officials' understanding of harmonizing national regulations with customary law. The resulting draft Perdes includes conservation zoning, prohibition of illegal logging, utilization of non-timber forest products, and the application of customary sanctions integrated legally and formally. In conclusion, strengthening village legal products that accommodate local wisdom has proven effective in empowering the community while ensuring sustainable protection of natural resources, creating a strong synergy between positive law and local community traditions
Legal Pluralism in the Era of Deregulation: Reconstructing the Regulatory Framework of Customary Forest Recognition Harmaini Harmaini; Ica Karina Ramadania Wati; Reva Yanti
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/wrehth42

Abstract

This article examines the tension between legal pluralism and deregulation in Indonesia’s customary forest recognition framework, focusing on the persistence of layered administrative requirements for rights that are constitutionally acknowledged. The study employs a juridical approach combining statutory, conceptual, and case analyses. It examines the 1945 Constitution of the Republic of Indonesia, Law Number 41 of 1999 on Forestry, the post-Job Creation regulatory framework, and Constitutional Court Decision Number 35/PUU-X/2012. The analysis finds a regulatory asymmetry: deregulation has simplified and accelerated business access to forest-related resources, while customary forest recognition remains dependent on prior recognition of indigenous legal communities and, in particular regulatory configurations, regional legal instruments. This dependency transforms recognition that should be declaratory into a procedure resembling constitutive state authorization. The article proposes a declaratory recognition model based on registration and legal verification, time-bound administrative decisions, interim protection for claimed territories under review, integrated participatory mapping, and an objection mechanism for third parties. Under this model, the state confirms a pre-existing legal status rather than creating the underlying customary right. Such reconstruction would align legal certainty with constitutional recognition, reduce procedural inequality, preserve safeguards against overlapping claims, and make deregulation compatible with legal pluralism and ecological justice.
Co-Authors Ditya Putri Wulansari Febrian Chandra Harmaini Harmaini Muhtar Dahri Nurhayati Reva Yanti Salman