REKONSTRUKSI KEARIFAN LOKAL UNTUK MEMBANGUN HUKUM KEHUTANAN YANG BERKELANJUTAN (Studi Terhadap Masyarakat Hukum Adat Kajang dan Tenganan Pegringsingan)

Runggandini, Caritas Woro Murdiati (2012) REKONSTRUKSI KEARIFAN LOKAL UNTUK MEMBANGUN HUKUM KEHUTANAN YANG BERKELANJUTAN (Studi Terhadap Masyarakat Hukum Adat Kajang dan Tenganan Pegringsingan). Phd thesis, UAJY.

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Abstract

This research studied the Reconstruction of Local Wisdom to Draft a Sustainable Forestry Law (A Study of Traditional Communities of Kajang and Tenganan Pegringsingan). This research aimed to examine: 1. The existence of local wisdom in managing the extant forest resources; 2. Local wisdom resistance to outside cultural influences and government policy intervention; 3. Synchronization of laws and regulations in the management of forest resources; 4. Reconstruction of local wisdom to draft a sustainable forestry law. A conceptual approach was used in this normative research. To support the normative research, sociological research was conducted using ethnographic methods. The research sites were located in the provinces of South Sulawesi and Bali. The normative research examined the references/secondary data, which included primary and secondary legal materials. The sociological research examined secondary data in the first place, and primary data, subsequently. For the data obtained through normative research, instrument to sharpen the discussion was employed using the methods of law interpretation and construction. The data obtained were then processed and analyzed qualitatively, and conclusion was subsequently drawn. The results indicated that: 1. the local wisdom remained to exist in the forms of: a. spatial concept and outlook on life; b. public knowledge about the physical environment, forests and florafauna; c. ceremony related to forest resources; d. common law in the management of forest resources; e. experiences in the settlement of conflicts of forest resources management. The local wisdom in the form of customary law in managing forest resources, include the following: a. legal principles; b. values ; and c. concrete rule of law; 2. local wisdom of Tenganan Pegringsingan villagers was stronger than that of Kajang villagers, since the existence of the traditional village (pekraman) in Bali was reinforced by local government of Bali province through Bali Provincial Regulation No. 3, 2001 on Pekraman Village, which accompanied by a recognition of the region, the governance structure and indigenous village assets; 3. the government was at the beginning recognized the rights of indigenous people to a limited extent. However, in the legislation of forest resource management, there is a tendency of the government to deny and negate them. The 1945 Constitution and Law No. 39 of 1999 on Human Rights and a variety of international instruments have yet to serve as guidelines for the preparation of sectoral legislation material as well as other laws and regulations under them; b. The drafting of legislation on the management of forest resources has not been in accordance with the principles of local wisdom--the causal factors of which include: 1). the employed norms and values of capitalism in the management of forest resources; 2) the system of forest resources management paid more attention to the economic aspect; 3) since the government mindset remain unchanged in the management of forest resources, forest resources are still regarded as belong to state's domain; 4) to reconstruct the local wisdom in the drafting of forestry law, the following considerations are necessary: a. the need for a strategy to revitalize the local wisdom through increased recognition of the rights of indigenous peoples in national legal systems and through the preparation of forestry development programs tailored to local culture and environment; b. local wisdom is the guidance for the development of the forestry law, especially in compliance with the philosophical and sociological values; c. local wisdom and sustainable development paradigm need to serve as principles in the drafting of forestry law. The local wisdom and sustainable development paradigm that serve as principles in the drafting of forestry law will bring about the effective and equitable laws; d. the drafting of future forestry law should be supported with paradigm of Community Based Forest Management, by giving wider participation opportunity to the traditional community in the management of forest resources in order to achieve the objectives of the law.

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