LEGAL PROTECTION OF INDIGENOUS LEGAL COMMUNITIES AND TRADITIONAL RIGHTS HOLDERS AFTER THE CONSTITUTIONAL COURT DECISION NUMBER 35 / PUU-X / 2012

Abstract

Legal protection of customary law communities over customary forests is a government obligation that must be fulfilled as stipulated in Article 18B of the 1945 Constitution. This mandate of the 1945 Constitution if the State must seriously consider the existence of indigenous peoples, rather than threaten the existence of a legal community unit custom and traditional rights. The focus of the issues discussed in this study are: How is the position of Indigenous Law Society and Rightsholders in the Use of Indigenous Forests According to the Constitutional Court Decision Number 35 / PUU-X / 2012 and How is the Legal Protection of the Rights of Customary Law Community and Rights Holders After the Decision of the Constitutional Court Number 35 / PUU-X / 2012. The research method used in this study is the normative legal method which is done by examining library materials, emphasizing the primary legal materials, namely legal materials consisting of basic regulations and legislation with the approach of legislation relating with "Legal Protection Against Customary Law Communities and Holders of Rights to Customary Forests After the Constitutional Court Decision Number 35 / PUU-X / 2012 and the legal material analysis in this study are descriptive qualitative in nature, that is describing or describing the subjects and objects of research as the results of research done using words to explain the phenomenon or data obtained. The results of the study show that the Principles of Customary Forest Management in the Constitutional Court Decision Number 35 / PUU-X / 2012 are separate customary forests from state forests, customary forests are rights forests, definitions Customary forests are forests within the territory of customary law and forests adat is a right that is owned by customary law communities, while the role of local government in realizing the legal protection of customary communities over customary forests after the Constitutional Court Decision Number 35 / PUU-X / 2012 is to issue regional regulations on recognition, protection of customary law communities and their territories including customary forests and making special courts that resolve the problems of customary law communities.