Communale Journal
Vol 2 No 1 (2024): March

LEGAL PROTECTION OF INDIGENOUS LAW COMMUNITIES OVER CUSTOMARY FORESTS IN KERINCI REGENCY

Pranata, Taufik Halim (Unknown)
Sarwani , Raden (Unknown)



Article Info

Publish Date
01 Aug 2024

Abstract

The rights of the Indigenous Communities to natural resources, land, and forests have not been explicitly regulated in a single legislative act, yet the control of the Indigenous Law Communities  (abbreviated as ILC) over customary forests is established. The customary forests in Kerinci Regency have been officially designated as customary forests based on the Minister of Environment and Forestry Decree, which the local ILC manages based on the Decree of the Regent of Kerinci. The control of customary forests requires recognizing and confirming the ILC through Regional Regulations  based on Law No. 41 of 1999 on Forestry. The sustainability of the ILC, as the rightful holders of customary forest rights, can be threatened if not recognized by the Regional Government. The research method employed is empirical juridical. The research findings indicate that the customary forests in Kerinci Regency have been designated as customary forest areas or proprietary forests as stipulated in the Minister of Environment and Forestry's Decree, with the recognition of each ILC right holder's existence based on the Decree of the Regent of Kerinci. Although the Regent's Decree does not adequately explain the status, structure, and customary institutions managing the customary forests, it implicitly acknowledges the existence of the ILC entitled to them. As a region with the most significant number of customary forests in Jambi Province, it is expected that the Kerinci Regency Government can draft regulations concerning the ILC.

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Journal Info

Abbrev

communale

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Communale Journal is an interdisciplinary scientific journal managed by the Center for Science and Technology (Pusat Unggulan Ipteks)-PUI Universitas Jambi and published three times a year, in March, July, and November. This journal publishes scientific papers and research results focusing on using ...