IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 45/PUU-IX/2011 DALAM PENENTUAN KAWASAN HUTAN

Abstract

The state of Indonesia has a very wide forest area, to maintain the sustainability and
balance of natural ecosystems, it is necessary to carry out forest conservation and
management. This conservation is carried out to ensure wise and sustainable use by
maintaining, increasing the quality of value and diversity. Forests are the lungs of the world
that we need to protect, but if they are not taken care of, it will have a bad impact on us,
both now and in the future.
This regulation regarding forestry has existed since the colonial era which was then
continued by the Indonesian government in the post-independence period through Law
Number 5 of 1967 concerning Basic Provisions on Forestry and then amended by Law
Number 41 of 1999 concerning Forestry. This regulation regarding forestry should ideally
be in line with Article 33 Paragraph (3) of the 1945 Constitution which reads that "Earth,
water and natural resources contained therein are controlled by the state and used for the
greatest benefit of the people's prosperity."But in practice, the government often issues a
decision on the designation of forest areas without first checking the claims of customary
law community units over the forest area, which in fact has settlements of indigenous
peoples in it.
This application for Judicial Review by the Regional Government of Central
Kalimantan was submitted to the Constitutional Court on July 14, 2011 with the Deed of
Receipt of the Application File Number 255/PAN.MK/2011 and registered on July 22, 2011
with the Case Register Number 45/PUU-IX /2011. This application for judicial review was
submitted on the grounds that government-owned buildings, community settlements, local
government facilities and infrastructure are included in the protected forest area map. With
this judicial review, the Central Kalimantan provincial government hopes that buildings,
settlements, facilities and infrastructure will remain the property of the Central Kalimantan
Provincial Government and guarantee legal certainty in running the government.
Keyword : Judicial Review, Forest-forestry, Law and Regulations