Karya Ilmiah

DISERTASI (0097) - Prinsip Hukum Pengelolaan Hutan Pada Tanah Ulayat

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Forest has become a global concern for the great deforestation and poverty
experienced by indigenous peoples living around it. This dissertation attempts to
discuss and analyze three legal issues related to customary land forest
management. They are: philosophical base of customary land forest management,
legal principles of forest management to achieve the society welfare, and the
implementation of customary land forest management regulation.
This normative law study applied statute approach, conceptual approach,
and case approach. As a study on normative law, this study utilized primary legal
sources and secondary legal sources. Analysis and interpretation were focused on
the legal sources to discuss the issues above.
The analysis on the first issue (i.e. the philosophical base of forest
management) resulted: based on the constitution, forest as one of natural resources
should be fully utilized for the sake of social welfare. The utilization of forest
should consider the sustainability of the forest. As the development of the society,
sustainable development principles were adopted. The principles were coherent
with the philosophical view and local wisdom believed by indigenous people
namely in terms of natural preservation. Regarding the second issue (i.e. the
principles of customary land forest management), customary land forest
management was conducted based on several principles: benefit and
sustainability, populist, justice, solidarity, transparency, and integration. In forest
utilization and management, the government was not only regulating, but also
decentralizing the authority to manage the forest. Customary land forest
management should also involve local government, local corporations, private
companies, and society (including indigenous people). However, the benefits of
customary land forest management had not proportionally distributed. Advanced
regulations on the implementation customary land forest management were
needed to legalize the involvement of indigenous people in managing customary
land forest and achieving its benefits. The finding of the third issues analysis (i.e.
the implementation of customary land management regulation) proved that “local
wisdom” principles (such as sustainability principle in forestry laws) were
integrated as legal principles by indigenous people in managing customary land
forest.

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Ketersediaan

030970563

0097

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0097

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

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Subjek

LAND LAW

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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