IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 35/PUU-X/2012 TERHADAP HUTAN ADAT DI DESA SAHAPM KABUPATEN LANDAK PROVINSI KALIMANTAN BARAT

TARIGAS, MARIA ERBANIA MAYANG (2015) IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 35/PUU-X/2012 TERHADAP HUTAN ADAT DI DESA SAHAPM KABUPATEN LANDAK PROVINSI KALIMANTAN BARAT. JURNAL HUKUM.

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Abstract

This country admit the unity of community in customary law also with their traditional rights which is still exist and based on NKRI which is regulated by constitution. These traditional rights called Hak Ulayat (Communal Land Right). Communal land right is land which is owned by Indigenous communities and administered in accordance with their customs. The right to control the forest is part of the communal land right. Forest is a gift from God to the nation and ruled by the country. In an effort to create the welfare, on the article number two (2) paragraph four (4) UUPA determined that the right of controlling from a country can given to the region of swatantra and the customary law. According in the first article number six of act number 41 of 1999 about forestry law, the customary forests are being categorized as state forest located in the area of indigenous and tribal people. For the people, that regulation about forestry evokes uncertainty of the right of region. AMAN (Aliansi Masyarakat Adat Nusantara) ask to the Constitutional Court in order to make the forestry regulation (first article number six of act number 41 of 1999) unauthorized. Based on the statement of the Constitutional Court number 35/PUU-X/2012, that arcticle number 1 of six declared to be unauthorized, afterwards replaced as “customary forest is a forest which located in the area of indigenous and tribal people.”The decision of constitutional court become valid in Indonesia’s area including in Sahapm, Kabupaten Landak, Kalimatan Barat. There’s Dayak Kanayatn dwells in the sahapm village. Until today, people of Dayak Kanayatn still revere customary law and Communal land right. Everything related to take the product of the forest have to be adjust to customary law. If the people or others tribes want to use the forest, they have to ask permission to the chief. The customary forest for people in Dayak Kanayatn, is traditional rights which should be protect or preserved. Based on the interview with resources and correspondent in purposive sampling, the author find out the fact that the local government of Kabupaten Landak involve people to participate in receive or reject using customary forest from outside area. The local government of Kabupaten Landak appreciate the decision was made by indigenous people and it has become one of the requirements for permission to clearing the land, it listed in standard opening procedure that has been created by local government of Kabupaten Landak.

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