Licensing Instruments As A Means Of Protection And Control Of Forest Use Of Traditional Communities

Abstract

The concept of recognizing the rights of customary law communities is outlined in the 1945 Constitution of the Republic of Indonesia Article 18B paragraph (2) of the 1945 Constitution which explains that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with developments. public. Customary law communities will be recognized as still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. The principle of Licensing for the Use of Customary Law Community Forests is a government policy in directing certain activities in protecting Customary Law Community Forests. Licensing instruments can prevent the danger of loss of indigenous communities' forests. The licensing instrument divides a small number of objects. Permits provide direction by selecting people and activities. Control of forests by the state continues to pay attention to the legal rights of indigenous peoples, as long as their existence still exists and is recognized, and does not conflict with national interests and the existence of respect for the rights of indigenous peoples. In this case, the state does not have the legal power to make customary forests into state forests.