Communale Journal

LEGAL PROTECTION OF INDIGENOUS LAW COMMUNITIES OVER CUSTOMARY FORESTS IN KERINCI REGENCY

Taufik Halim Pranata, Raden Sarwani — Thu, 01 Aug 2024 00:00:00 +0700

The rights of the Indigenous Communities to natural resources, land, and forests have not been explicitly regulated in a single legislative act, yet the control of the Indigenous Law Communities (abbreviated as ILC) over customary forests is established. The customary forests in Kerinci Regency have been officially designated as customary forests based on the Minister of Environment and Forestry Decree, which the local ILC manages based on the Decree of the Regent of Kerinci. The control of customary forests requires recognizing and confirming the ILC through Regional Regulations based on Law No. 41 of 1999 on Forestry. The sustainability of the ILC, as the rightful holders of customary forest rights, can be threatened if not recognized by the Regional Government. The research method employed is empirical juridical. The research findings indicate that the customary forests in Kerinci Regency have been designated as customary forest areas or proprietary forests as stipulated in the Minister of Environment and Forestry's Decree, with the recognition of each ILC right holder's existence based on the Decree of the Regent of Kerinci. Although the Regent's Decree does not adequately explain the status, structure, and customary institutions managing the customary forests, it implicitly acknowledges the existence of the ILC entitled to them. As a region with the most significant number of customary forests in Jambi Province, it is expected that the Kerinci Regency Government can draft regulations concerning the ILC.

GUIDANCE TO LOCAL GOVERNMENTS AGAINST UNLICENSED GOLD MINING

Thu, 01 Aug 2024 00:00:00 +0700

Illegal gold mining (PETI) has become a significant problem and a primary livelihood source for some communities. In this study, we will look at how local governments have made efforts to anticipate and overcome PETI, which has caused damage to the environment and public health. It will also see how the local government has interacted with the community and PETI business actors to stop illegal activities and develop more sustainable activities regarding order and legal protection. The research method used is juridical-empirical. Research data is obtained from legal materials, which include primary legal materials such as laws and regulations related to mining and the environment, as well as secondary legal materials such as literature, journals, and previous research reports. The results of this study show that the government needs to conduct educational socialization to increase public awareness about the adverse effects of illegal gold mining on the ecosystem and the surrounding community. The community can participate in law enforcement against unlicensed gold mining by providing information and reports on unlicensed gold mining activities to the authorities. Developing and promoting sustainable activities can curb PETI and ensure our communities' long-term health and prosperity.

POSITION AND PROTECTION OF INDIGENOUS PEOPLES IN INHABITING CUSTOMARY FORESTS

Thu, 01 Aug 2024 00:00:00 +0700

The 1945 Constitution of the Republic of Indonesia requires the government to protect every citizen's rights, including indigenous peoples' rights in managing customary forests. This study explores the legal position of indigenous peoples in the use of customary forests and how the government safeguards the constitutional rights of indigenous peoples. This research uses a normative juridical approach focusing on theoretical aspects and legal principles. The study results show that indigenous peoples are legal subjects and owners of rights to customary forests. The government protects these rights by providing legal certainty through local regulations recognizing and protecting indigenous peoples. There are still many conflicts between Indigenous Peoples and the Government and companies that receive forest management permits from the Government. Forestry policies do not facilitate the management of forests. Centralized forestry policies cause overlapping conceptions of customary forests and state forests. The suggestion from this study is that the law should also be concerned with the Indigenous people so that the law protects them and irresponsible parties cannot sue them.

COMPARISON OF MINERAL AND COAL REGULATION BASED ON MINING LAW 2009 & OMNIBUS LAW 2020

Thu, 01 Aug 2024 00:00:00 +0700

The purpose of this research is to criticize mining as discussed in this journal, which is still not under the Indonesian legal system and the aim of the law itself, namely to provide justice, certainty, and benefits for the community and the criticism given is based on measuring the two existing regulations in the form of similarities and differences created by these two regulations. This research also emphasizes several comparisons of previous policies with the latest policies from the government itself related to mining, as discussed in this journal, in terms of requirements, authority, and supervision. Regarding mining regulations as regulated in Law Number Four 2009, they are still unable to address developments, problems, and legal needs in mining operations discussed in this journal. Hence, a review is necessary to make this happen and provide increased added value. Or downstream. However, with the implementation of Law Number Three of 2020, many mines have also been allowed to operate without permits. The previous laws regarding the mining industry are considered valid, but in the case of the revision of the Mining Act, the implementation process of the Mining Act is also regarded as inadequate.

TRANSFER OF GOVERNMENT AUTHORITY TO MANAGE MINERAL AND COAL MINING AFTER THE ENACTMENT OF OMNIBUS LAW

Thu, 01 Aug 2024 00:00:00 +0700

The significant reform in mining law in force in Indonesia is Law No. 3 of 2020 on Mineral and Coal (Minerba), which amends Law No. 4 of 2009, marks a new chapter in the transfer of authority from local and national governments to the Central Government. This study aims to analyze how local government jurisdiction over coal and minerals was transferred to the Central Government and how this affected the implementation of decentralization. Normative judicial research approaches are employed. This study's findings show that the Minerba Law amendment only gives authority to the Central Government, and coal and mineral mining agreements have become centralized. The local Governments only have delegated authority, which does not mean that local Governments have no control over managing coal and mineral mining at all; there is still authority to operate coal and mineral mining in the regions by following directions from the central government. The current mining legislation needs to support solid collaborations between central and local governments to promote sustainability in the future. Because local governments are better informed about mining situations in their regions, the central government must grant authority to control coal and mineral mining. Strict oversight is necessary to prevent local governments from abusing their authority.

MINING SUPERVISION IN PROTECTED FOREST AREAS IN INDONESIA

Thu, 01 Aug 2024 00:00:00 +0700

This research aims to analyze licensing related to mining activities in protected forest areas in Indonesia. They are using normative juridical methods with statutory and conceptual approaches. The results of this study can conclude that although there is a comprehensive legal framework, implementation, and law enforcement still face various challenges, including a lack of coordination between institutions, weak law enforcement, and conflicts of interest between environmental protection and exploitation of natural resources. Dispute resolution can be pursued through out-of-court / nonlitigation. The settlement of ecological disputes outside the court can be done by mediation or arbitration using the services of mediators and arbitrators who help resolve environmental disagreements. Settlement of environmental disputes through court legal means is carried out by filing an "environmental lawsuit" based on Article 34 UUPLH jo. Article 1365 BW on "compensation for unlawful acts" (onrechtmatigedaad).