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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.
Pelatihan Mediasi Sebagai Alternatif Penyelesaian Sengketa (Non-Litigasi) Bagi Tokoh Masyarakat Harmaini Harmaini; Rizki Apriadi Bahri; Reva Yanti; Ica Karina Ramadania Yanti
Vox Populi: Jurnal Umum Pengabdian Kepada Masyarakat Vol 3 No 2 (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/g2sw2t97

Abstract

Village conflicts are often embedded in long-term social relationships and require an accessible, voluntary, and relationship-restoring mechanism. This community engagement program aimed to strengthen community leaders’ capacity to facilitate impartial, safe, and legally informed mediation. The training was conducted in Tanjung Mudo Village, East Jangkat District, Merangin Regency, on 21–22 March 2026. Participatory adult learning combined presentations, case discussions, demonstrations, role-plays, feedback, and reflection. Evaluation was designed through pre- and post-tests, an observation rubric, and a satisfaction questionnaire. The program produced a seven-stage protocol, a case-suitability and referral checklist, an issue map, ground rules, and a settlement template. The simulations supported practice in neutral opening statements, active listening, reframing, interest identification, option generation, and settlement drafting. Community-mediator capacity building should integrate communication skills, ethics, risk screening, and a functional referral network, followed by mentoring and periodic evaluation.