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Eksistensi Tanah Masyarakat Hukum Adat Di Kabupaten Pelalawan Pasca Putusan Mahkamah Konstitusi Nomor 35/Puu-X/2012 Tentang Hutan Adat

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ABSTRACT
The existence of customary law communities is recognized in Article 18B
and Article 28I paragraph (3) of the 1945 Constitution. However, there are still
actions that can reduce this right, namely the Forestry Law which categorizes
Customary Forest under State Forest. This has resulted in a conflict between the
two forests. On this matter, the Constitutional Court issued Constitutional Court
Decision Number 35 / PUU-X / 2012 recognizing the rights of indigenous peoples
to their customary forests. This recognition is provided as long as in reality the
customary law community concerned still exists and its existence is recognized.
The objectives of this thesis are: First, the existence (existence) of the customary
land of the Muara Sakal customary law community (Muaro Sako) in Pelalawan
Regency after the Constitutional Court Decision No. 35 / PUU-X / 2012; Second,
the inhibiting factor for the existence of the ulayat lands of the customary law
community of Muara Sakal (Muaro Sako) in Pelalawan Regency the legal efforts
made to maintain the existence of these ulayat lands.
This type of research can be classified as a sociological juridical research
type, 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 under study. This research was conducted at the Customary Law
Community of Muara Sakal (Muaro Sako), in Langgam Village, Langgam
District, Pelalawan Regency. The data sources used were primary data,
secondary data, tertiary data with interview data collection techniques and
literature study.
Conclusions can be drawn, first, the existence / existence of the customary
law community community rights in Muara Sakal, Langgam sub-district,
Pelalawan district, this is indicated by the existence of the customary law
community Muara Sakal as the subject of customary rights, there is still Muara
Sakal customary land as the object of customary rights, and still there is a
relationship between the subject and the object of customary rights. Second, the
absence of a Regional Regulation or Regent Decree that provides legal certainty
and regulates the protection of customary rights in Pelalawan Regency, especially
the ulayat rights / ulayat land of the Muara Sakal customary community (Muaro
Sako), as well as the Muara Sakal customary law community have made a number
of legal efforts. to obtain legal certainty in the protection and recognition of their
customary rights, but it has yet to produce results.
Keywords: Existence - customary rights - Muara Sakal customary community

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Detail Information

عنوان فروست

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شماره بازیابی

09 04. 121 (0027)

ناشر

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2021

مجموعه

ix, 79 hlm.; ill.: 29 cm

زبان

Indonesia

شابک/شاپا

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رده بندی

09 04. 121 (0027)

Content Type

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Media Type

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Carrier Type

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ویرایش

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موضوع (ات)

HUKUM PIDANA

اطلاعات خاص اثر

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Statement of Responsibility

Daus

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