IMPLEMENTATION OF CONSTITUTIONAL COURT DECISION NO. 35/PUU-X/2012 CONCERNING THE RECOGNITION AND PROTECTION OF THE RIGHTS OF INDIGENOUS PEOPLES (EXISTENCE OF CUSTOMARY FORESTS IN NORTH LOMBOK REGENCY)

Toni Syamsul Hidayat, Idrus Abdullah, M. Ilwan

Abstract:

In Article 28 I Paragraph 3 of the 1945 Constitution NRI states that “Cultural identity and the rights of traditional communities are respected in accordance with the development of times and civilizations”. The right of indigenous peoples in Law No. 39 of 1999 concerning the basic provisions of human rights that the rights of indigenous peoples must be protected and automatically must be recognized in a tangible form in the form of protection of the communal rights contained therein including the right to manage customary forests become the ancestral heritage of the indigenous people themselves. North Lombok Regency has the existence of ancestral customs and traditions that are still maintained at this time. However, the recognition of their rights as a community has no legitimate recognition from the government, one of which is the indigenous people of Bayan and the Baru Murmas community. To get a legal certainty of their rights as indigenous peoples, the North Lombok Regency Government Together- the same as the local customary leaders to draft Regional Regulations as a form of implementation of the Constitutional Court Decision No. 35 / PUU-X / 2012.

 

Keywords: Adat, Indigenous Forest

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