Perlindungan Terhadap Masyarakat Hukum Adat Dan Hak-Hak Tradisionalnya Dalam Pengelolaan Hutan

Mariane Irene

Abstract


Through the Constitution, in Article 33 (3) of Constitution of Indonesia 1945, gives the rigths to the government to control the resources of nature to be used for welfare, based on the principles of sustainable development and pro-environment. One source of natural wealth is the forest. Indigenous and tribal peoples as the people who live closest to the forest growing on public lands should be the right to manage and use forests to improve their welfare. With the wisdom that has been known for generations, they are able to sustain their own lives. However, indigenous communities are often overlooked, including the rights of indigenous people to their ancestral forest management. Issues covered are how the recognition, respect and protection of the state against the indigenous peoples in legislation, whether local knowledge and participation of indigenous peoples has been included as one of the substances in the legislation relating to the management of indigenous forest?, And why in the various legislation in the field of forestry, not provide protection to local wisdom of indigenous people yet? This paper based on some asumses: For the implementation of Article 33 paragraph (3) of Constitution 1945, has issued various regulations that are essential and natural resource-related sectors, such as UUPA, the Forestry Law, the Law on Mining, Oil and Gas Law, etc. UUPA and sectoral law recognizes and respects the existence of Indigenous People all still there, but the protection of local knowledge and rights of indigenous people does not exist. This is because the pattern of development-oriented policy to pursue for economic growth only. Countries development policies that it reduce, limit, or revoke and traditional rights of indigenous people there. Although ever out TAP MPR No. IX 2001 on Agrarian Reform and Natural Resources Management, but in practice the government even more and more to make sectoral laws that tend to inconsistencies and overlap so that one factor causes damage to natural resources and the deterioration of the quality and injustice for indigenuos people, whose dependent access to the natural resources. Procedures for protecting forests by indigenous people as a form of wisdom is never used as consideration or as a substance of a legislation in the field of natural resources, both at central and local levels, which also means the absence of involvement or participation indigenous people as one element in the formation of these policies. And the state through the issuance of policies have legitimized his actions in the control of natural resources, particularly forest resources, which means play a role in eliminating indigenous peoples.
Keywords: Local Wisdom, Indigenous peoples Rights

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