Peningkatan Kapasitas Peradilan Adat Majelis Kutai Dalam Perlindungan Hutan Adat Desa Ladang Palembang Kecamatan Lebong Utara Kabupaten Lebong (original) (raw)

Perlindungan Hukum Terhadap Tanah Masyarakat Hukum Adat Di Kawasan Hutan Lindung Negeri Masihulan Kecamatan Seram Utara Kabupaten Maluku Tengah

TATOHI: Jurnal Ilmu Hukum

Introduction: Land and forests are the basis of people's prosperity and welfare.Methods of the Research: The research method used is normative juridical research type. The problem approach used is the statutory approach, the conceptual approach, and the case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary materials. Procedures and collection of law and management and analysis of legal materials are then analyzed by way of description with qualitative methods.Results of the Research: The results of the study show that the mechanisms and procedures for the Protection of Land Rights of Indigenous Law Communities in the Protected Forest Area of the Masihulan State, North Seram District, Central Maluku Regency have been neglected by the existence of protected forests or the existence of a national park, even though it is through this land that the indigenous peoples of the Masihulan Country are passed down from generation to gene...

Penguatan Kapasitas LPD Desa Adat DI Bali Melalui Penyuratan Awig-Awig

Jurnal Hukum & Pembangunan

The Village Credit Institution (LPD) owned by Desa Adat in Bali is oriented to strengthen the economy of indigenous peoples (krama adat) through lending (loans) and savings. The main source of capital for LPDs is the commitment and trust of all village manners which are submitted through the Adat Village Management Board (Prajuru) and the LPD Board. The strengthening of LPDs is in its management and accounting system and its supervision, because it is not uncommon for LPDs that are already large due to weak monitoring systems, poor management and accounting systems to misuse LPD funds utilization which causes LPD to no longer be operational or temporarily bankrupt like LPD in Adat Selulung Village, Kintamani Bangli. The bankruptcy of the LPD was also caused by the weakness of the Prajuru Adat in taking quick steps to replace corrupt officials on the one hand, while on the other hand it did not abolish its obligation to return funds that could not be accounted for through the imposition of civil sanctions or those known as pamidanda (sanction) in awig-awig.

Peranan Budaya Hukum Kementerian Lingkungan Hidup dan Kehutanan Dalam Penetapan Hutan Adat

Jurnal Suara Hukum

After the decision of the Constitutional Court Number 35/PUU-X/2012 which stated that customary forests are not part of state forests but private forests provide legal certainty and protection of the rights of indigenous peoples in managing customary forests. As a follow-up to this decision, the Ministry of Environment and Forestry established Minister of Environment and Forestry Regulation P.32/Menlhk-Setjen/2015 concerning Private Forests which has been renewed through Minister of Environment and Forestry No.9 of 2021 concerning Management of Social Forestry. Until now, the number of customary forests that have been determined is 107 customary forest units. One of the factors supporting the increase in the number of customary forests is a change in the internal legal culture of the LHK when verifying and validating customary forest applications. Based on the results of the research, facts and problems were found, one of which was related to the requirements for recognition of lega...

Implementasi Putusan MK No 35 Tahun 2012 Tentanghutan Adat Beserta Hak Ulayat Terhadap Hutan Adat Dinagari Guguak Malalo Dan Padang Laweh Malalo Kabupaten Tanah Datar

2018

Masyarakat adat memiliki posisi konstitusi di NKRI sebagaimana diatur didalam UUD 1945. Hak ulayat sebagai hak tradisional masyarakat hukum adat adalah kewenangan yang dimiliki masyarakat atas wilayah tertentu, bagi masyarakat adat Malalo Tigo Jurai hutan adat merupakan bagian dari wilayah masyarakat adat karena berada diatas tanah ulayat mereka. Pasca lahirnya Putusan MK No. 35 Tahun 2012 Tentang Hutan Adat, hasil uji material UU No. 41 Tahun 1999 Tentang Kehutanan pengertian hutan adat berubah menjadi hutan yang berada di wilayah masyarakat adat. Berdasarkan uraian di atas masalah yang akan dikemukakan adalah 1) Bagaimana status hutan adat sebelum Putusan MK No. 35 Tahun 2012. 2) Bagaimana akibat hukum dari Putusan MK No. 35 Tahun 2012 bagi masyarakat adat Malalo Tigo Jurai. Metode penelitian yang digunakan adalah penelitian hukum yuridis sosiologis dengan teknik observasi dan wawancara Berdasarkan analisis dari data-data yang diperoleh penulis selama penelitian, maka hasil yang d...

Identifikasi Hukum Tanah Adat Desa Juaq Asa Kecamatan Barong Tongkok Kabupaten Kutai Barat Provinsi Kalimantan Timur

2018

Ulayat land is land that is given by the government to the community to regulate individually and each to the sovereignty and prosperity of traditional society in carrying out their lives. The aim of this research is to provide knowledge and awareness to government agencies relating to the society that still exists today to readers related to the household of traditional society in regulating the land of their sovereignty (hakulayat) for the prosperity of their communities, where one of them is doing research related to customary land management is the indigenous community of Juaq Asa village in the district of Barong Tongkok, West Kutai Regency, East Kalimantan province. The reason for the authors raising the theme of this paper is because Indonesia as a country known for its diverse population, culture, and language, it becomes a unique matter of discussion to find out the kinds of rules that exist in one of the traditional society in Indonesia, especially in relation to Ulayat la...

Pengelolaan Hutan Berbasis Kearifan Lokal dan Pengembangan Hutan Desa di Mukim Lutueng Kecamatan Mane Kabupaten Pidie Provinsi Aceh

BIOTIK: Jurnal Ilmiah Biologi Teknologi dan Kependidikan, 2018

The forest area in Pidie District was decreased by illegal logging, forest conversion, mining and road construction without regard to environmental aspects.This study aims to (1) knewabout local wisdom in Qanun Mukim Lutueng about forest management (2) knew the potential development of community forest in Mukim Lutueng (3) analyzed the community perceptions and behaviours about forest conservation. This study was conducted on 1 October 2015 to 30 April 2016in Mukim Lutueng, Pidie District, Aceh Province. The research method is ethnography with Participatory Rural Appraisal (PRA). The result shown thatLocal wisdom in forest management consist of the law in forest activities management, suggestion and prohibition, and local community of forest management. The potential development of community forest support by civil society organizations (NGOs) with community empowerment and government community institution. Perceptions and behaviours towards qanun implementation and community forest...

Strategi Perlindungan Hutan Berbasis Hukum Lokal DI Enam Komunitas Adat Daerah Bengkulu

JURNAL HUKUM IUS QUIA IUSTUM, 2011

This research aims to asses values of local law towards forest in six ethnic communities in Bengkulu related to the strategy of forest preservation. This is a normative legal research in a form of local law inventory purposed to find the mechanism of local law in forest preservation in preventive side as well as representative side through impose sanction to the perpetrator of forest destruction. Local law which is effectively regulate in traditional authority has succeeded in engraving moral values to its member which became its justialbelen, where every person by their own awareness actively participate in preserving forest in ulayat area and act carefully based on local forest law. This research purposed to assess the value of local law in six ethnic communities in Bengkulu. From this research we can obtain idea in finding example of legal protection in accordance with local legislation. Furthermore this research may serve as an example for national forest preservation. This research concludes that; first the model of legal protection on local law in six ethnic community of Bengkulu is conducted preventively. Second, the value of local law in ethnic community of Bengkulu can be adopted into local legislations as one of the models of forest preservation in Bengkulu Province through the formulation of academic draft of local legislation.