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All Journal Yustisia Kanun: Jurnal Ilmu Hukum
Sapto Hermawan
Faculty of Law Universitas Sebelas Maret
Law, Crime, Criminology & Criminal Justice Social Sciences

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NORMATIVITY IN LEGAL SOCIOLOGY: Methodological Reflection on Law and Regulation in Late Modernity Sapto Hermawan; Febrian Indar Surya Kusuma
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.60982

Abstract

Debates on the discussion of the law limits began to emerge along with the development of science. For some circles, interdisciplinary discussions are considered essential because they can complement a mature legal study. This concept also gave rise to legal studies carried out together with other scientific groups such as social sciences. In this context, the combination of the scope of social science and law has contributed to studying the prevailing social conditions by applying the rule of law. The limitations of the extra-legal aspects that appear in the socio-legal study are what then raise and require confirmation to be said as a study that results from the legal study space.
The Urgency of Strengthening the Rights and Participation of Indigenous Peoples in Realizing Sustainable Management of Customary Forest Annisa Indah Nuari; Sapto Hermawan
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.21881

Abstract

This article aims to analyze the urgency of strengthening the rights and participation of indigenous peoples in customary forest management in Indonesia. Law No. 41/1999 on Forestry, which is still centralized in nature, has limited the rights and roles of indigenous peoples in managing their customary forests. The regulation regarding customary forest in the Forestry Law is inconsistent with protecting ecosystem carrying capacity and democratic decentralization. This article was prepared using a normative legal research methodology in which a statutory and conceptual approach is used. Then, secondary sources of legal material were analyzed and qualified to be narrowed down to answer existing juridical problems. The results show that the rights and roles of indigenous peoples in managing their customary forests are still minimal. Customary forest management centered on the central government and prioritized a sectoral approach can have implications for exploitation that ignores the interests of conserva-tion and sustainability of customary forest natural resources.
Co-Authors Annisa Indah Nuari Febrian Indar Surya Kusuma