Constitutional Court Decision’s Implication on the Traditional Forest Management Rights Recognition

DOI

10.2991/978-2-38476-218-7_83How to use a DOI?

Keywords

Customary Areas; Indigenous Peoples; Judicial Review

Abstract

This article examines the legal implications and the effectiveness of Constitutional Court Decision (CCD) on Customary Forest Management to enhance the indigenous peoples’ rights in managing customary territories. The normative juridical method combine with conceptual and statutory approach was chosen to see the effectiveness of these regulations in strengthening indigenous people’s rights. The theory of legal effectiveness proposed by Lawrence M. Friedman is used to see how the structure, substance, and legal culture of regulations governing customary territory management rights change. The research results show that CCD on Customary Forest Management has provided changes to the substance of the Forestry Law due to the interpretation of state forests, which no longer cover customary forests. These changes have the impact of strengthening the legal structure that grants Indigenous peoples the right to manage customary forests. Nevertheless, the legal culture formed in society still does not support these changes and continues to mainstream economic activities, which are detrimental to customary law communities. Based on this analysis, this article supports the ratification of the Indigenous Peoples Bill, which, in its substance and structure, is expected to support changes in legal culture to recognize the Indigenous peoples’ rights.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I Nyoman Mulya Hadisaroso
AU  - Lego Karjoko
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2024
DA  - 2024/02/22
TI  - Constitutional Court Decision’s Implication on the Traditional Forest Management Rights Recognition
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 501
EP  - 505
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_83
DO  - 10.2991/978-2-38476-218-7_83
ID  - Hadisaroso2024
ER  -