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Gusliana HB, Ikhsan, Ferawati

Riau University


The position of customary forest after the Constitutional Court Decision No. 35/PUU-X/2012, which was formerly regarded as a state forest within the territory of customary law communities, transformed into a forest that is within the territory of customary law communities. Forest control by the state continues to focus on the rights of indigenous people, for as long as they live and in accordance with the development of the community and the principles of the Republic of Indonesia as regulated under the law. The pattern of customary forest protection after the Constitutional Court Decision No. 35/PUU-X/2012 in the context of providing legal protection to indigenous peoples in Riau Province, where the indigenous peoples have the right to open their customary forests to be controlled and cultivate their land to fulfill their personal and family needs. Therefore, it is not possible for the rights owned by the members of the customary law community to be abolished as long as they meet the requirements within the scope of the definition of the customary law community unit referred to in Article 18B paragraph (2) of the 1945 Indonesian Constitution and set forth in a Regional Regulation. Based on the Constitutional Court Decision, in Riau Province, only Kampar Regency submitted to the Ministry of Environment and Forestry regarding the proposed Customary Forest consisting of: 641 ha of customary forest in Batu Songgan Village, 4,414 ha in Gajah Bertalut Village, 251 ha in Petapahan Village, 1,827 ha in Aur Kuning Village, 767 ha in Terusan Village, 156.8 ha in Kampa Village and Koto Perambah Village, and 1,871.7 ha in Bukit Melintang Village

Keywords: Customary Forest, Constitutional Court, Riau

Topic: Law and Local Wisdom


Conference: Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)

Plain Format | Corresponding Author (Gusliana HB)

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