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All Journal JURNAL ANALISIS KEBIJAKAN KEHUTANAN
Subarudi Subarudi
Pusat Penelitian dan Pengembangan Perubahan Iklim dan Kebijakan; Jl. Gunung Batu No. 5, Bogor
Agriculture, Biological Sciences & Forestry

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KEBIJAKAN PENGELOLAAN HUTAN ADAT PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 35/PUU-X/2012: SUATU TINJAUAN KRITIS Subarudi Subarudi
Jurnal Analisis Kebijakan Kehutanan Vol 11, No 3 (2014): Jurnal Analisis Kebijakan Kehutanan
Publisher : Centre for Research and Development on Social, Economy, Policy and Climate Change

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20886/jakk.2014.11.3.207-224

Abstract

Existency of customary law people (MHA) has been marginalized under the state authority. However, this authority ends through Constitutional Court (MK) decision  No. 35/2012 that stated customary forest (CF) is not under the state forest. This paper is to review CF at post MK decision with objectives: 1) to give definition of customary people (MA) and MHA; 2) to identify regulations related to CF management; 3) to asess the impact of MK decision on the revision of Forestry Law No. 41/1999 and 4) to formulate strategies for future CF management. This review used political economy approach and qualitative descriptive analysis. Result of the review indicated that there is no different between the term of MA and MHA due to their same definition. Eight laws involved in definition and rights of MHA, however, their contents and implementation are different depending on sectoral perceptions. The MK Decree No. 35 has significant impact on forest management with the exlusion of CF from the state forest and not included in the (private) right forest. A strategy for future CF management is the full joint commitment among governments, NGOs and MHA itself related to MHA determination, territorial boundary of CF and establishment of customary institutional system.
IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 63 TAHUN 2002 TENTANG HUTAN KOTA Elvida Yosefi Suryandari; Subarudi Subarudi
Jurnal Analisis Kebijakan Kehutanan Vol 11, No 3 (2014): Jurnal Analisis Kebijakan Kehutanan
Publisher : Centre for Research and Development on Social, Economy, Policy and Climate Change

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20886/jakk.2014.11.3.297-309

Abstract

Indonesian Government enacted Government Regulation (PP) No. 63/2002 concerning  urban forest. However, its field implementation performance on the average is below 10%. Constraints are identified, i.e. policy inconsistencies and different perceptions of urban forest concept  among designers, policy makers and communities.  The purpose of the study are to identify the urban  forest related regulations, to analyze PP No. 63/2002 and to identify relevant stakeholders. This study used policy and stakeholders analyses. The results showed that several points in this regulation need to be reconsidered such as the concept of  urban forest (including layers of different plants or trees), the area and solidity requirements of urban forest, the provision of incentives and disincentives, conformity of urban forest with provincial or regent regulations and  the increase of community participation.  PP No. 63/2002 and its subsequent regulations need to be improved by the Ministry of Forestry with references to those aspects, so that it becomes implementable. Implementation of a policy depends considerably upon the contents of the policy and responses from local government. Involvement and coordination among stakeholders are needed in order to establish a sustainable urban forest.
Co-Authors Elvida Yosefi Suryandari