CD Skripsi
Analisis Yuridis Peraturan Daerah Provinsi Riau Nomor 1 Tahun 2019 Tentang Pedoman Teknis Penanggulangan Kebakaran Hutan Dan Lahan Dikaitkan Dengan Tradisi Membakar Lahan Oleh Masyarakat Talang Mamak
ABSTRACT
The Riau Provincial Government issued Regional Regulation Number 1 of 2019 concerning Technical Guidelines for Handling Forest and Land Fires. Article 9 paragraph (1) of Riau Provincial Regulation Number 1 of 2019 concerning Technical Guidelines for Handling Forest and Land Fires states that "Every person and/or holder of a forest and/or land management permit is prohibited from burning forests and/or carrying out actions that can cause forest and/or land fires". However, in its implementation, this Regional Regulation conflicts with the traditions carried out by the Talang Mamak tribe who inhabit the customary forest area in Indragiri Hulu Regency. Namely the tradition of burning land that has not received permission from the local government or the Province. Customary law communities are recognized and guaranteed by the State, including the culture and traditions that apply in the customs. Meanwhile, the Talang Mamak tribe does not receive permission to carry out their customary tradition, namely the land burning tradition and if they continue to burn land, they will be subject to criminal sanctions in accordance with applicable regulations. The purpose of writing this thesis is, first, the practice of local wisdom of the Talang Mamak community in carrying out the tradition of burning land, Second, to find out the harmonization between the Riau Provincial Regulation Number 1 of 2019 concerning Technical Guidelines for Handling Forest and Land Fires with the tradition of burning land by the Talang Mamak community.
The type of research used in this study is the sociological (empirical) legal research method. Because in this study the author directly conducted research at the location or place being studied in order to provide a complete and clear picture of the problem being studied. This research was conducted in the Talang Mamak Indigenous Community, Indragiri Hulu Regency, while the population and sample were all parties related to the problem being studied in this study, the data sources used, primary data, secondary data, and tertiary data, Data collection techniques in this study with observation, interviews, and literature studies.
From the results of the study, there is local wisdom carried out by the Talang Mamak community, namely the stage of leveling or measuring and pioneering. And the land to be opened is 1 tribe. 1 tribe is equal to 1 Ha. After being cut down and carried out for 1 month, then felling can be carried out. Usually in the month of 9 or 10, burning will be carried out. Burning is done during the day, namely at 1 pm. After burning is finished, a tradition called menggembung tanah is carried out again. After the fields are clean, the right time is sought to plant rice and other crops, for the harmonization between regional regulations and the tradition of burning this land in the future. And in the future there could be new rules or regulations that harmonize or synchronize the law with culture in environmental management.
Keywords: Regional Regulations - Indigenous Peoples - Local Wisdom
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