Susanto, Edi (2025) Implementasi Putusan Mahkamah Konstitusi Nomor 35/PUU-K/2012 Terhadap Hutan Adat Rumbio Dan Buluh Cina. Masters thesis, Universitas Islam Riau.

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Abstract

Customary forests in Indonesia have an important role in the lives of customary law communities, especially in terms of managing natural resources and maintaining culture. The Constitutional Court Decision No. 35/PUU-X/2012 is a legal foothold for the recognition and protection of customary law people's rights to land and natural resources, including customary forests. However, its implementation on the ground often faces challenges, especially in the context of forest management in the Rumbio and Buluh China regions. The formulation of the problem in this study is what is the legal position of customary forests based on the Constitutional Court Decision Number 35/PUUX/2012 in providing protection for the rights of customary law communities? And how is the implementation of the Constitutional Court Decision Number 35/PUUX/2012 on customary forests by the government in the Rumbio and Buluh China areas? This research uses a normative legal method, which prioritizes the analysis of laws and regulations, legal documents, and expert opinions to evaluate the implementation of the Constitutional Court's decisions and the legal position of customary forests in Indonesia. The results of this study found that the Constitutional Court Decision Number 35/PUU-X/2012 provides a strong foundation for the recognition of the rights of customary law communities, including the management of customary forests. However, its implementation in the field, especially in Rumbio and Buluh China, shows that there is a misalignment between government policies and practices in the community. This problem is caused by a lack of coordination between government agencies, as well as a lack of understanding of the rights of customary law communities among policy makers. This study recommends the need to increase legal socialization and education to stakeholders to support the recognition and protection of the rights of customary law communities.

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