Hang Tuah Law Journal
VOLUME 9 ISSUE 2, OCTOBER 2025

Prinsip Free, Prior, and Informed Consent dalam Mencegah Deforestasi di Hutan Adat

Nuryasinta, Radhityas Kharisma (Unknown)
Cholidah, Cholidah (Unknown)



Article Info

Publish Date
15 Oct 2025

Abstract

Free, Prior, and Informed Consent (FPIC) is an International legal standard that guarantees indigenous peoples' right to consent to projects affecting their territories and lives. Indonesia has not explicitly adopted this principle in its national legal system, so the management of customary forest areas. The absence of clear FPIC regulations creates legal loopholes impacting the legitimacy of business licenses and the protection of indigenous peoples' rights, which can lead to human rights violations. This study aims to analyze how FPIC is regulated and implemented in Indonesian national law, as well as assess the legal consequences of noncompliance in the context of customary forest management. Using normative legal research methods and statutory and conceptual approaches, the study concludes that disregarding FPIC not only goes against the spirit of the constitution and international commitments but also contributes to social disintegration and unequal power relations between indigenous peoples and the state. Therefore, the principle of FPIC must be explicitly recognized in national laws and regulations, and participatory, fair, and legally binding implementation mechanisms must be established to realize inclusive and ecologically just development.

Copyrights © 2025






Journal Info

Abbrev

jurnal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Hang Tuah Law Journal is a peer-reviewed open-access journal to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law, such as Maritime Law, Medical Law, Civil Law, Criminal Law, Constitutional Law, Administrative Law, Business Law, Islamic ...