Pelaksanaan Putusan Mahkamah Konstitusi Nomor 35/PUU-X/2012 Terhadap Pengujian Undang-undang Nomor 41 Tahun 1999 Tentang Kehutanan Terkait Dengan Hutan Adat di Provinsi Riau

Ghopur, Azizal (2019) Pelaksanaan Putusan Mahkamah Konstitusi Nomor 35/PUU-X/2012 Terhadap Pengujian Undang-undang Nomor 41 Tahun 1999 Tentang Kehutanan Terkait Dengan Hutan Adat di Provinsi Riau. Other thesis, Universitas Islam Riau.

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Abstract

Forests in Indonesia based on their ownership status consist of State Forest and Private Forest. During this time the Customary Forest's status of possession was included in the State Forest. Because it is considered to violate the constitutional rights of customary law communities, so that Law Number 41 of 1999 concerning Forestry is filed with judicial review. The Forestry Law Test was submitted by the Indigenous Peoples Alliance of the Archipelago (AMAN), the Kenegerian Kuntu Customary Law Community Unit and the Kesepuhan Cisitu Indigenous Community Unit to the Constitutional Court with a registration number 35 / PUU-X / 2012. Based on the Decision of the Constitutional Court Number 35 / PUU-X / 2012 concerning the Testing of Law Number 41 of 1999 concerning Forestry, customary forests are no longer a part of state forest, the category of rights forests within them must be included in customary forests. The formulation of the problem in this study is; (1) How is the Implementation of Constitutional Court Decision Number 35 / PUU-X / 2012 Against Testing of Law Number 41 of 1999 concerning Forestry Related to Customary Forests in Riau Province ?, (2) How is the Position of Customary Forest Post Decision of the Constitutional Court Number 35 / PUU-X / 2012 Against Testing of Law Number 41 of 1999 concerning Forestry? Research is included in normative legal research. Besides that, it also uses empirical legal research by means of interviews to strengthen research. The data used primary and secondary data, analyzing the data descriptively analytically and deductively drawing conclusions. The implementation of the Constitutional Court Decision Number 35 / PUU-X / 2012 was carried out by the Government (in this case the Ministry of Environment and Forestry of the Republic of Indonesia) through the Republic of Indonesia Minister of Environment and Forestry Regulation Number: P.32 / Menlhk-Setjen / 2015 concerning Forests The rights, the implementation of the two stages are: (1) Recognition of the existence of indigenous peoples or customary rights through Regional Regulations, in Riau Province this is the main problem, because there is no Regional Regulation that recognizes the existence of indigenous peoples or communal rights customary law in Riau Province (2) Determination of the Minister of Environment and Forestry, in Riau Province due to the absence of Regional Regulations recognizing the existence of indigenous peoples or customary rights, resulting in the absence of any customary forest in Riau Province which was determined by the Minister of Environment Life and Forestry through its decree. After the issuance of the Constitutional Court Decision, there was a shift in the position of customary forests, from previously included part of the state forest as part of the rights forest.

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