Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)

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

Authors
I Nyoman Mulya Hadisaroso1, *, Lego Karjoko1, I Gusti Ayu Ketut Rachmi Handayani1
1Faculty of Law, Universitas Sebelas Maret, Kentingan, Jl. Ir Sutami No.36, Kec. Jebres, Kota Surakarta, Central Java, 57126, Indonesia
*Corresponding author. Email: inm_hadisaroso@student.uns.ac.id
Corresponding Author
I Nyoman Mulya Hadisaroso
Available Online 22 February 2024.
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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Volume Title
Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 February 2024
ISBN
978-2-38476-218-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-218-7_83How to use a DOI?
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.

Cite this article

risenwbib
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  -