Implementasi Penetapan Hutan Adat Di Provinsi Riau Setelah Putusan Mahkamah Konstitusi Nomor 35/PUU-X/2012 Tentang Pengujian Undang-Undang Nomor 41 Tahun 1999 Tentang Kehutanan

Silalahi, Derwin Ferdinan (2021) Implementasi Penetapan Hutan Adat Di Provinsi Riau Setelah Putusan Mahkamah Konstitusi Nomor 35/PUU-X/2012 Tentang Pengujian Undang-Undang Nomor 41 Tahun 1999 Tentang Kehutanan. Other thesis, Universitas Islam Riau.

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Abstract

Indonesia as a country rich in natural wealth, to protect it is regulated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. One of the natural resources controlled by the state is forest, in terms of its structure the forest is divided into 2, namely state forest and private forest. The phenomenon that occurred HA was previously a state forest, but after the Constitutional Court's decision No.35/PUU-X/2012 it turned into a private forest as long as in reality MHA still exists and its existence is recognized. Riau is famous for its Malay customs, of course, the existence of MHA along with customary rights has a special place. However, the facts on the ground that the determination of HA which is an MHA ulayat right is still low, it is noted that Riau only has 251 Ha of Imbo Putui HA and 157 Ha of Kampa HA which are designated by the KLHK as private forest located in Kampar. The main problem in this research is the implementation of the determination of customary forest in Riau Province after the Constitutional Court Decision No.35/PUU-X/2012 and the obstacles in implementing the Constitutional Court Decision. This study uses normative legal research, namely research on secondary data. The nature of this research is descriptive. Then the data were analyzed qualitatively and conclusions were drawn using the deductive method. The implementation of HA determination in Riau after the Constitutional Court's decision No. 35/PUU-X/2012 has been slow even though Riau is a country that upholds customary rights. 2 The HA determined by the KLHK is outside the forest area, while in the forest area there has been no application for stipulation. The stipulation of 2 HA in Riau is proof that the central government is consistent in carrying out the mandate of the Constitutional Court's decision No.35/PUU-X/2012 as long as the administrative requirements are met. One of the conditions for the inauguration of MHA is through a regional regulation. The regulation of the inauguration of MHA through a regional regulation so that the existence of MHA is legally recognized so as to minimize tenure conflicts. The obstacles in the determination of HA, namely: a. There is no local regulation, even if there is it does not mention in detail the subject of MHA; b. The local government does not understand the regulations and procedures for submitting an application for the determination of HA; c. There is no communication between LAM, Ninik Mamak and the local government so that there is no progress in accelerating the determination of HA at all; Fourth, local government budgets are minimal for accelerating customary forests.

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