PENYELESAIAN SENGKETA KASUS PENYEROBOTAN LAHAN HUTAN LARANGAN ADAT KENEGERIAN RUMBIO MENURUT HUKUM MASYARAKAT ADAT KENEGERIAN RUMBIO
Abstract
Customary law as one of the recognized legal systems in Indonesia regulates all matters regarding
indigenous peoples, because it cannot be denied that Indonesia is a country with diverse ethnicities and cultures
that even existed before the entry of conventional law. Of the many regulations concerning indigenous peoples
in customary law, one of them regulates ulayat rights or in general it can be said as ownership rights over
indigenous peoples' lands that have been passed down from generation to generation. In this ulayat rights, there
are several types, one of which is customary prohibition forest where this forest is protected by indigenous
peoples from various kinds of exploitation and exploration that are contrary to the rules of indigenous peoples.
However, along the way, there was a violation of this forbidden forest, namely the encroachment by the
surrounding community who did have land directly adjacent to the customary forbidden forest. I don't know
whether it was intentional or unintentional, which is definitely a violation.
This research is a sociological or empirical research, which is a type of research that uses people's
assumptions in finding facts that occur in the field to answer an existing problem. This research was conducted
in the Kenegerian Rumbio area. While the population and sample are parties related to the problems studied in
this study, the data sources used, primary data, secondary data, and tertiary data. The data collection techniques
in this study were interviews and literature review.
From the results of the research conducted, two conclusions can be drawn, namely: first, that the position
of the customary prohibition forest as a form of customary rights of indigenous peoples which is recognized by
the State, should be protected and preserved as a form of local community wisdom. Second, violations in any
form in customary prohibition forests should be given sanctions or penalties, but here of course it must be based
on customary law in force in the area and the settlement is carried out by prioritizing human values or peaceful
means which have become the hallmark of the community traditional Indonesian.
Keywords: Customary Law, Customary Prohibition Forest, Kenegerian Rumbio
indigenous peoples, because it cannot be denied that Indonesia is a country with diverse ethnicities and cultures
that even existed before the entry of conventional law. Of the many regulations concerning indigenous peoples
in customary law, one of them regulates ulayat rights or in general it can be said as ownership rights over
indigenous peoples' lands that have been passed down from generation to generation. In this ulayat rights, there
are several types, one of which is customary prohibition forest where this forest is protected by indigenous
peoples from various kinds of exploitation and exploration that are contrary to the rules of indigenous peoples.
However, along the way, there was a violation of this forbidden forest, namely the encroachment by the
surrounding community who did have land directly adjacent to the customary forbidden forest. I don't know
whether it was intentional or unintentional, which is definitely a violation.
This research is a sociological or empirical research, which is a type of research that uses people's
assumptions in finding facts that occur in the field to answer an existing problem. This research was conducted
in the Kenegerian Rumbio area. While the population and sample are parties related to the problems studied in
this study, the data sources used, primary data, secondary data, and tertiary data. The data collection techniques
in this study were interviews and literature review.
From the results of the research conducted, two conclusions can be drawn, namely: first, that the position
of the customary prohibition forest as a form of customary rights of indigenous peoples which is recognized by
the State, should be protected and preserved as a form of local community wisdom. Second, violations in any
form in customary prohibition forests should be given sanctions or penalties, but here of course it must be based
on customary law in force in the area and the settlement is carried out by prioritizing human values or peaceful
means which have become the hallmark of the community traditional Indonesian.
Keywords: Customary Law, Customary Prohibition Forest, Kenegerian Rumbio
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