HAK ULAYAT MASYARAKAT ADAT SULAWESI TENGAH ATAS HUTAN ADAT PASCA PUTUSAN MK NO. 35/PUU-X/2012
Abstract
Forests are an integral part of indigenous peoples as their inhabitants. The history of Indonesia proves that the management and utilization of customary forests is often confronted by conflict between indigenous and tribal peoples (MHA) and the government. Article 1 Sub-Article 6 of Law No. 41/1999 on Forestry (Forestry Law) defines customary forests as "state forests within the territories of indigenous and tribal peoples". Thus, the permit for the utilization of natural resources including customary forest is in the Ministry of Forestry. Central Sulawesi is one of the provinces in Indonesia that still has indigenous and tribal peoples. In 2012, the Constitutional Court (MK) issued Decision No. 35 / PUU-X / 2012 related to the Judicial Review of Forestry Law, so that the meaning of customary forest is changed into forest within the territory of customary law community. From the verdict, reinforced by Local Regulation Sulawesi No. 15 Year 2014 with the aim of providing protection for indigenous peoples who have rights to their land. The purpose of this study is to analyze the legal remedies that can be undertaken by indigenous peoples of Central Sulawesi related through the Regulation no. 15/2014 and legal protection in the presence of Constitutional Court Decision no. 35 / PUU-X / 2012. The type of research used in this study is the normative juridical, that is the type of research that is dogmatic and done through the collection of materials and literature study approach. The literature study approach is done by collecting legal material obtained through reading, studying the applicable rules, and the literature related to the problem. The legal materials are then inventoried, and finally organized systematically. From the results of this study concluded that the existence of Decision No. MK. 35 / PUU-X / 2012 becomes a form of legal protection against indigenous and tribal peoples in Indonesia, especially the customary forest of Wana Posangke Central Sulawesi. The legal protection is in the form of legal certainty guarantee on customary forest in their area, as well as the legal effort that can be taken by indigenous people of Central Sulawesi to reclaim their customary forest from the
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rise of outside interest to control their forest and by using Local Regulation no. 15/2014 Indigenous peoples have received special protection.