Jurnal Ilmiah Penegakan Hukum
Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER

Eksistensi Penyelesaian Sengketa Masyarakat Hukum Adat dalam Pencegahan Perusakan Kawasan Hutan

Taufik Siregar (Universitas Medan Area)
Fitri Yanni Dewi Siregar (Unknown)



Article Info

Publish Date
31 Dec 2022

Abstract

This study aims to find out that forest management often occurs when conflicts arise between the community and the state regarding land/natural resources. In customary law communities, disputes that have occurred have long been resolved by deliberation and consensus through customary institutions known as customary courts. This study uses normative legal research that is descriptive analytical, with a normative juridical approach, namely an approach based on the main legal materials related to this research. The data analysis in this study was carried out qualitatively. The results of the study indicate that the existence of customary law as a component of legal substance must be given a reasonable place in the development of legal materials in accordance with the socio-cultural diversity of the community. Disputing Indigenous Peoples generally have different customary laws which are strongly adhered to by the community, so that it can make it difficult to resolve disputes that occur. In general, the causes of this case are due to the acquisition of forest areas for plantations, usurpation of customary lands and violations of other prohibitions by plantation companies against customary law

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Journal Info

Abbrev

gakkum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...