Kedudukan dan Proses Penetapan Hutan adat Pasca Putusan Mahkamah Konstitusi No. 35/PUU-X/2021 Serta Implementasi nya di Provinsi Riau

Suparto, Suparto (2021) Kedudukan dan Proses Penetapan Hutan adat Pasca Putusan Mahkamah Konstitusi No. 35/PUU-X/2021 Serta Implementasi nya di Provinsi Riau. Jurnal Bina Hukum Lingkungan, 5 (2). pp. 198-214. ISSN 2541-2353

Text 9. Kedudukan dan Proses Penetapan Hutan adat Pasca.pdf - Published Version Download (187kB)

Abstract

based on Law No. 41 of 1999 concerning Forestry, customary forests are included in state forests, this is detrimental to indigenous peoples so that the Law is reviewed before the Constitutional Court (MK). The problem is what is the position and process of determining customary forest after the Constitutional Court decision No. 35/PUU-X/2012 and its implementation in Riau Province. Based on the research results obtained (1). The position of the customary forest after the Constitutional Court decision no. 35/PUU-X/2012, customary forest is no longer part of state forest but is a private forest. The process of determining customary forest is regulated by Regulation of the Minister of Environment and Forestry (LHK) No. P.32/Menlhk-Setjen/2015 concerning Private Forests. In order for customary forest to become private forest, the process goes through two stages, namely: (a) Recognition of the existence of customary law communities through regional regulations (Perda). (b) Determination by the Minister of Environment and Forestry on customary forests. (2). Until now, in Riau Province there are only 2 customary forests that have been designated by the Minister of Environment and Forestry, namely Kampa Customary Forest and Petapahan Customary Forest in Kampar Regency. Therefore, it is necessary to rush for other districts to immediately make a regional regulation on customary law communities, as a condition for the designation of customary forests by the Minister of Environment and Forestry.

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